Volume Ii Part 16 (1/2)

[NOTE.--”Pocketing a bill” is the phrase commonly used to describe the President's course when he permits a bill which reaches him within the last ten days of the session, to die without action on his part. It is frequently termed the ”pocket veto.”]

[(1) The original Reconstruction Act and the several supplementary Acts are given in full in Appendix A.]

[(2) The full text of the Act to regulate the tenure of certain civil offices, is given in Appendix B.]

CHAPTER XII.

The Fortieth Congress met at the very moment the Thirty-ninth closed--on the fourth day of March, 1867. The valedictory words of the presiding officers in both branches were followed immediately by the calling to order of the succeeding bodies. The contest between the President and Congress had grown so violent, the mutual distrust had become so complete, that the latter was unwilling to have its power suspended for the customary vacation of nine months between the 4th of March and the first Monday of the ensuing December; and therefore at the preceding session a law had been pa.s.sed directing that each Congress should be organized immediately after the existence of its predecessor had closed. The Republican leaders felt that without the supervising and counteracting power of Congress, full force and effect might not be given to the Reconstruction laws by the President; that they might possibly be neutralized by hostile action from the office of the Attorney-General, and that for this reason it would be well, nay, it was imperatively demanded, that the legislative power should be kept ready to interpose with fresh enactments, the very moment those already in force should be dulled by adverse construction, or haltingly administered by Executive agents not in sympathy with the policy of Congress.

The members.h.i.+p of the Fortieth Congress was changed in some important respects in both branches. Simon Cameron, at sixty-eight years of age, returned from Pennsylvania as the successor of Edgar Cowan in the Senate. It was the third time he had entered that body, and now, as it proved, for a longer period than ever before.--Roscoe Conkling, who had been steadily growing in strength, with the Republican party of New York, was transferred from the House and took the seat of Ira Harris.--Justin S. Morrill of Vermont, after twelve years of useful and honorable service in the House, was now promoted to the Senate for a still longer and equally honorable and useful service in that body.--Oliver P. Morton, bearing his great reputation as the War Governor of Indiana, now took the seat of Henry S. Lane, whom, six years before, he had succeeded in the gubernatorial chair of his State.--James W.

Patterson of New Hamps.h.i.+re had grown rapidly in favor by four years'

service in the House and now entered the Senate as the successor of Daniel Clark.--Orris S. Ferry, who but for physical disability would have acquired wider fame, succeeded Lafayette S. Foster as senator from Connecticut.--James Harlan returned from Iowa after a somewhat extraordinary experience with the President during his two years'

absence.--Charles D. Drake, fresh from bitter political controversies, entered from Missouri as the successor of B. Gratz Brown.--Cornelius Cole, who had already served in the House, came from California.--Henry W. Corbett, a successful merchant, came from Oregon. The Senate on the whole had received valuable accessions. Some of the men who entered that day became prominent and influential in the public councils for many years.

The House also received some noteworthy additions among the new members. Two marked men from the North-West, who had served as representatives in opposing parties, before the Rebellion, now returned as members of the same political organization, having in the four intervening years acquired great distinction in the war for the Union --John A. Logan of Illinois, and Cadwalader C. Washburn of Wisconsin.--Grenville M. Dodge, who had attained high rank in the volunteer service, entered from Iowa.--Norman B. Judd, who had gained much influence by his long members.h.i.+p of the State Senate of Illinois between 1844 and 1860, and by his service as minister to Berlin under Mr. Lincoln, now came from one of the Chicago districts.

The New-York delegation was strengthened by the advent of some new men.

--Dennis McCarthy, an enterprising and successful merchant, with wide knowledge of public affairs, entered from the Syracuse district. He proved a most intelligent and useful member of the House, as he already had of the Legislature of New York. His ability, his industry, and his broadly liberal views have given him a high standing among the people of his State.--William H. Robertson entered at the same time from the Westchester district. He was a member of the House for only a single term, but he left a clear imprint of the high character which has since been put to severe tests and was never found wanting. Able and frank, conscientious and careful in the discharge of every trust, Mr.

Robertson has established a reputation without spot or blemish.--Orange Ferriss, since of honorable repute as one of the Auditors in the Treasury Department, John C. Churchill, who had already attained a good standing at the Bar, and Addison H. Laflin, afterwards appointed to an important customs office in the city of New York, all entered at this session.

John Coburn, who had made a good record in the war, came from the State of Indiana. Firm and tenacious in his opinions, even to the point of obstinacy, he was for years an active and useful representative of the people. He could not be deflected from what he regarded as the line of duty and he soon acquired the respect of both sides of the House.--Morton C. Hunter, who had done good service in the Army of the Tennessee, as Colonel of an Indiana regiment, and afterwards commanded a brigade in Sherman's Atlanta campaign, now entered from the Bloomington district.--Austin Blair, who had won great praise as Governor of Michigan during the war, now entered as representative from the Jackson district. He exhibited talent in debate, was distinguished for industry in the work of the House and for inflexible integrity in all his duties. He was not a party man in the ordinary sense of the word, but was inclined rather to independence of thought and action. This habit separated him from many friends who had wished to promote his political ambition, and estranged him for a time from the Republican party. But it never lost him the confidence of his neighbors and friends, and did not impair the good reputation he had earned in his public career.--George A. Halsey, a successful manufacturer and a most intelligent, worthy man, entered from the Newark district of New Jersey, bringing to the House a thorough and valuable knowledge of the trade relations of the country, both domestic and foreign.--The New-Hamps.h.i.+re delegation, not present at the organization of the House, had been entirely changed by the late election. Aaron F. Stevens, a lawyer of high standing, Jacob H. Ela, afterwards for many years an Auditor in the Treasury Department, and Jacob Benton, well known in the politics of his State, were the new members.--Worthington C. Smith, an experienced man of affairs, entered from Vermont as the successor Justin S. Morrill.--Henry L. Cake, an enthusiastic representative of the Pennsylvania Germans and of the anthracite-coal minters, came from the Schuylkill district.--Green B. Raum, afterward for a considerable period Commissioner of Internal Revenue, entered from Illinois.--William A. Pile and Carman A. Newcomb, two active and earnest young Republicans, came as representatives of the city of St. Louis.

Benjamin F. Butler now took his seat in Congress for the first time.

He was sent from a Ma.s.sachusetts district of which he was not a resident, thus breaking a long established and approved custom.

Though his military career had been the subject of adverse and bitter criticism, it had been marked by certain features which pleased the people, and he came out of the war with an extraordinary popularity in the loyal States. He engaged at once in political strife. During the canva.s.s against the President's policy in 1866 he went through the country, it may with truth be said, at the head of a triumphal procession. He was received everywhere with a remarkable display of enthusiasm, and was fortunate in commending himself to the good will of the most radical section of the Republican party. He naturally affiliated with that side because it never was General Butler's habit to be moderate in the advocacy of any public policy. When he was a Democrat he sustained the extreme Southern wing of the party with all his force and zeal; and when the course of his political a.s.sociates pointed to a disruption of the Government he turned upon them with savage hostility, declared without hesitation for the support of the Union, offered his services as a soldier, and was constantly in the vanguard of those who demanded the most aggressive and most destructive measures in the prosecution of the war. He entered Congress, therefore, with apparent advantages and in the full maturity of his powers, at forty-nine years of age.

--General Butler had long been regarded as a powerful antagonist at the bar and he fully maintained his reputation in the parliamentary conflicts in which he became at once involved. He exhibited an extraordinary capacity for agitation, possessing in a high degree what John Randolph described as the ”talent for turbulence.” His mind was never at rest. While not appearing to seek controversies, he possessed a singular power of throwing the House into turmoil and disputation.

The stormier the scene, the greater his apparent enjoyment and the more striking the display of his peculiar ability. His readiness of repartee, his great resources of information, his familiarity with all the expedients and subtleties of logical and illogical discussion, contributed to make him not only prominent but formidable in the House for many years. He was distinguished by habits of industry, had the patience and the power required for thorough investigation, and seemed to possess a keen insight into the personal defects, the motives, and the weaknesses of his rivals. He was audacious in a.s.sault, apparently reckless in his modes of defense, and in all respects a debater of strong and notable characteristics. Usually merciless in his treatment of an aggressive adversary, he not infrequently displayed generous and even magnanimous traits. He had the faculty of attaching to himself, almost as a personal following, those members of the House who never came in conflict with him, while he regarded his intellectual peers of both political parties as natural foes whom he was destined at some time to meet in combat, and for whose overthrow he seemed to be in constant preparation.

Another marked character came from New England,--John A. Peters of Maine,--a graduate of Yale, a man of ability, of humor, of learning in the law. He had enjoyed the advantage of a successful career at the bar and was by long training and indeed by instinct devoted to his profession. In his six years' service in the House he acquired among his fellow-members a personal popularity and personal influence rarely surpa.s.sed in Congressional experience. He made no long speeches and was not frequently on the floor, but when he rose he spoke forcibly, aptly, attractively, and with that unerring sense of justice which always carried him to the right side of a question, with unmistakable influence upon the best judgment of the House. Since his retirement from Congress his career on the Supreme Bench of Maine, and more recently as its Chief Justice, has given roundness and completeness to a character whose integrity, generosity, and candor have attracted not only the confidence and respect of an entire State, but the devoted attachment of a continually enlarging circle of friends.

James B. Beck took his seat for the first time as representative from the Ashland District of Kentucky. He was born in Scotland in 1822, and though he came to the United States while yet a lad, he has retained in strength and freshness all the characteristics and peculiarities of his race. He has a strong mind in a strong body. Well grounded in the rudiments of education in his native land, he completed his intellectual training in Kentucky and bears the diploma of Transylvania University--in whose list of graduates may be found many of the ablest men of the South-West. Originally a Whig, Mr. Beck followed John C.

Breckinridge into the Democratic party at a period when the pro-slavery crusaders had gone mad and were commanding, indeed morally coercing, the services of a great majority of the able and ambitious young men of the South. He became the law partner of Breckinridge, and was zealously and devoted attached to him to the end. Had Beck been a native of the South he would undoubtedly followed Breckinridge hastily and hot-headedly into the rebellion. He was saved from that fate by the abundant caution and the sound sense which he inherited with his Scotch blood.

--But Mr. Beck had all the sympathy with the Rebellion which was necessary to secure popular support in Kentucky--without which, indeed, a Democrat in that State has had no chance for promotion since the war closed. He has grown steadily in Congress from the day of his entrance. He is honest-minded, straightforward, extreme in his views on many public questions, and though a decided partisan of Southern interests has always had the tact and the good fortune to maintain kindly relations with his political opponents--a desirable end to which his generous gift of Scotch humor has essentially aided him. It is among the singular revolutions of political opinion and political power in this country, that the State and the very city made memorable by Mr.

Clay's impa.s.sioned devotion to the National Union and his prolonged advocacy of protection, should be represented in Congress by a disciple of the extreme State-rights school and by a radical defender of free trade.

As soon as the Clerk of the House finished the calling of the roll and announced that a quorum had answered to their names, Mr. Brooks of New York rose and called attention to the fact that there were seventeen absent States, ten of which, belonging to the late Confederacy, were not called at all, and the remaining seven--New Hamps.h.i.+re, Rhode Island, Connecticut, Kentucky, Tennessee, Nebraska, and California--had presented no credentials of members, inasmuch as under their respective laws, Representatives to the Fortieth Congress had not yet been chosen.

Among the absent were seven of the ”old thirteen”--an absolute majority of the States which founded the Republic. The absentees in all amounted to eighty members; and on behalf of his political a.s.sociates Mr. Brooks presented a formal protest, signed by every Democratic member present, ”against any and every action tending to the organization of this House until the absent States be more fully represented.” He asked that it be entered upon the Journal as the protest of the minority of the House. Under the rules the Clerk refused to receive or submit the paper for consideration, and the House immediately proceeded to the election of Speaker. Mr. Colfax was chosen for the third and last time. He received one hundred and twenty-seven votes against thirty cast for Mr. Samuel S. Marshall, a highly respectable Democrat member from Illinois. As before, Mr.

Colfax, in his remarks when he took the chair, sought to present an embodiment of Republican policy on the current issues. He declared that ”the freeman's hands should wield the freeman's ballot;” that ”none but loyal men should govern a land which loyal sacrifices have saved;” that ”there can be no safe or loyal reconstruction on a foundation of unrepentant treason or disloyalty.”

The princ.i.p.al business of the session was to provide supplementary legislation to the Reconstruction Act which had been pa.s.sed over the President's veto only two days before the new Congress a.s.sembled.

That Act, from a variety of circ.u.mstances, had been forced through at the last under whip and spur. Upon close examination by the leading Republicans of both Senate and house it was found to be defective in many important respects, and especially to lack the detail necessary to give life and vigor to proceedings looking to the practical reconstruction of the Southern States. The two Houses therefore addressed themselves promptly to the task of supplying the necessary amendments and additions. On the 19th of March they sent to the President an Act prescribing in detail the mode for the registering of voters in the insurrectionary States, and for the summoning of a convention to frame a const.i.tution preparatory to the re-admission of each State to representation. The Act declared that ”if the const.i.tution shall be ratified by a majority of the votes of the registered electors qualified to vote, at least one-half of all the registered voters voting upon the question, a copy of the same, duly certified, shall be transmitted to the President of the United States, who shall forthwith transmit the same to Congress and if it shall appear to Congress that the election was one at which all the registered and qualified electors in the State had an opportunity to vote freely and without restraint, fear, or the influence of fraud, and if Congress shall be satisfied that such const.i.tution merits the approval of a majority of all the qualified electors in the State, and if the said const.i.tution shall be declared by Congress to be in conformity with the provisions of the Act to which this is supplementary, and the other provisions of said Act shall have been complied with, and the said const.i.tution shall be approved by Congress, the State shall be declared ent.i.tled to representation, and senators and representatives shall be admitted therefrom as therein provided.”

The President promptly vetoed the bill. Among various objections he said, ”This supplemental bill superadds an oath to be taken by every person, before his name can be admitted upon the registration, that he 'has not been disfranchised for partic.i.p.ation in any rebellion or civil war against the United States.' It thus imposes upon every person the necessity and responsibility of deciding for himself, under the penalty of punishment by a military commission if he makes a mistake, what works disfranchis.e.m.e.nt by partic.i.p.ation in rebellion and what amounts to such partic.i.p.ation. . . . The question with the citizen to whom this oath is to be proposed must be a fearful one, for while the bill does not declare that perjury may be a.s.signed for such false swearing nor fix any penalty for the offense, we must not forget that martial law prevails and that every person is answerable to a military commission, without previous presentment by a grand jury, for any charge that may be made against him, and that the supreme authority of the military commander determines the question as to what is an offense and what is to be the measure of punishment. . . . I do not deem it necessary further to investigate the details of this bill. No consideration could induce me to give my approval to such an election law for any purpose, and especially for the great purpose of framing the const.i.tution of a State. If ever the American citizen should be left to the free exercise of his own judgment, it is when he is engaged in the work of forming the fundamental law under which he is to live. That is his work and it cannot properly be taken out of his hands.”

The whole issue presented by this bill was but another of the countless phases of that prolonged and fundamental contest between those who believed that guarantees should be exacted from the rebel States, and those who believed that these States should be freely admitted, without condition and without restraint, to all the privileges which they had recklessly thrown away in their mad effort to destroy the Government.

The strength of each side had again been well stated in the debates of the Senate and House and in the veto-message of the President, and no change of opinion was expected by either party from the reasoning or the protest of the other. The President's argument was therefore met by a prompt vote pa.s.sing the bill over his veto, in the House by 114 _ayes_ to 25 _noes_, and in the Senate by 40 _ayes_ to 7 _noes_. The resistance was very slight, and the fruit of the great Republican victory of 1866 was now realized in the formidable strength which the President's opponents exhibited in both branches.