History of the Thirty-Ninth Congress of the United States Part 43

"The Chair called you to order," said Mr. Stevens, in his seat, "for doing injustice to the dog."

Mr. Ward, who next addressed the House, presented a novel theory of the rebel war. "The people of the South," said he, "did not make war upon our republican form of government, nor seek to destroy it; they only sought to make two republics out of one. They are now, and have been all the time, as much attached to our system of free republican government as those who abuse them for disloyalty."

Mr. Ward presented his view of the state of things which would result from the pa.s.sage of the pending bill. "These negro judges," said he, "will sit and hold this election backed by the United States army.

That is rather an elevated position for the new-made freedman; the _habeas corpus_ suspended, martial law proclaimed, the army at the back of the negro conducting an election to reconstruct States."

Mr. Plants addressed the House in favor of the pending bill. Of the reception given by the rebels to the proposed const.i.tutional amendment, he said: "They have not only refused to accept the more than generous terms proposed, but have rejected them with contumely, and with the haughty and insulting bravado of a.s.sumed superiority demand that the nation shall submit to such terms as they shall dictate."

Mr. Miller, while advocating the pending measure, favored its reference to the Committee on Reconstruction. He gave a detailed account of the Const.i.tutional Amendment, and its progress toward ratification among the Legislatures. He showed that the progress of reconstruction was delayed through fault of the rebels themselves. "It is not the desire of the great Republican party," said he, "to r.e.t.a.r.d the restoration of those ten States to full political rights, but on the contrary they are anxious for a speedy adjustment, in order to secure adequate protection to all cla.s.ses and conditions of men residing therein, and at the same time afford ample security to the United States Government against any future refractory course that might be pursued on the part of those States."

On the 21st of January the discussion was resumed by Mr. Kerr in a speech against the bill. He quoted extensively from judicial decisions and opinions to show that the rebel States were still ent.i.tled to their original rights in the Union. "The undisguised and most unrighteous purpose of all this kind of legislation," said he, "is to usurp powers over those States that can find no warrant except in the fierce will of the dominant party in this Congress. It is alike at war with every principle of good and free government, and with the highest dictates of humanity and national fraternity."

Mr. Higby was in favor of the pending bill, and opposed its reference to the Committee on Reconstruction. He preferred that it should be retained in the House, where it could be changed, matured, and finally pa.s.sed. He contended that the rebel States should not come into the Union under any milder conditions than those imposed upon Territories recently pa.s.sed upon in Congress. "Impartial suffrage," said he, "is required of each of those Territories as a condition precedent to their becoming States; and shall South Carolina, upon this basis of reconstruction, become a part of this Union upon different terms and principles entirely from those implied by the votes we have just given?"

Mr. Trimble denounced the pending legislation in violent terms. "By this act," said he, "you dissolve their connection with the Government of the United States, blot them out of existence as freemen, and degrade them to the condition of negro commonwealths. We have this monstrous proposition: to declare martial law in ten States of this Union; and in making this declaration, we, in my judgment, step upon the mangled ruins of the Const.i.tution; for the Const.i.tution plainly gives this power neither to the executive nor the legislative department of the Government."

Mr. Dodge, although a Republican, and in favor of "protecting the best interests of the colored man," could not vote for either of the propositions before the House. "The result of the pa.s.sage of this bill," said he, "if it shall become operative, will be to disfranchise nearly the entire white population of the Southern States, and at the same time enfranchise the colored people and give them the virtual control in the proposed organization of the new State governments."

Mr. Dodge was particularly opposed to the military feature proposed by Mr. Spalding. "This is not likely," said he, "in the nature of things, to bring about an early reorganization of the South. The commercial, the manufacturing, and the agricultural interests of this country, as they look at this matter, will see in it a continuance of taxation necessary to support this military array sent to these ten States."

"This bill, if executed," said Mr. Hise, in the course of a speech against the measure, "will in effect establish corrupt and despotic local governments for all those States, and place in all the offices the most ignorant, degraded, and corrupt portion of their population, who would rule and ruin without honesty or skill the actual property-holders and native inhabitants, making insecure life, liberty, and property, and still holding those States in their Federal relations subject to the most rapacious, fierce, and unrelenting despotism that ever existed, that of a vindictive and hostile party majority of a Congress in which they have no voice or representation, and by which irresponsible majority they would be mercilessly oppressed for that very reason; and this will be continued, I fear, until the country shall again be precipitated into civil war."

Since the "beneficent conservative power" of the President was overcome by two-thirds of Congress, Mr. Hise could see safety for the nation in but one direction. "Our only hope," said he, "of the preservation of a free government is in the judicial department of the government, and in the decisions of the Supreme Court p.r.o.nouncing your acts unconst.i.tutional and void."

Mr. Raymond preferred the Const.i.tutional Amendment as the basis of reconstruction, and blamed the party in power for abandoning that policy. "Last year," said he, "that man was untrue to his party obligations who did not stand by it; this year the man is declared to be faithless to his party who does."

Having spoken at considerable length against the pending measure, Mr.

Raymond said: "For these reasons, sir, reasons of policy and of authority, I do not think we ought to pa.s.s this bill. I do not believe it would be at all effective in securing the objects at which we aim, or that it would conduce in the slightest degree to promote peace and secure equal rights among the people upon whom it is to take effect.

And I can not help believing that it contains provisions directly at war with specific and peremptory prohibitions of the Const.i.tution."

Mr. Raymond defended the Secretary of State against the accusations of Mr. Schofield. Mr. Seward was not "a perfidious old man," but one "venerable, not more for age than for the signal services to his country and the cause of freedom every-where, by which his long and laborious life, devoted wholly, from early manhood, to the public service, has been made ill.u.s.trious." The Secretary of State acted under law. If Congress expected him to act under the theory that three-fourths of the loyal States were sufficient for the ratification of the Const.i.tutional Amendment, they should pa.s.s a law to that effect.

"The man," said Mr. Sh.e.l.labarger, "who is now the acting President of the United States, once said to me, in speaking of a bill like the one now before the House, that it was a measure to dissolve the Union.

That proposition has been so often repeated by members upon the other side of this hall, that I have thought the House would probably pardon me if I should attempt to condense into a few sentences a suggestion or two in regard to that declaration, repeated so often and worn out so thoroughly as it is."

Mr. Sh.e.l.labarger maintained the right of governments to withhold from those who discard all the obligations pertaining to their citizens.h.i.+p the powers and rights which come alone from performing these obligations. "This identical principle," said he, "was a.s.serted at the origin of your Government in the legislation of every one of the States of the Confederation; was repeated and reenacted by three, at least, of the first Congresses under the Const.i.tution, and has been virtually reenacted by being kept in force by every subsequent Congress which ever met under the Const.i.tution."

"I see such diversity of opinion on this side of the House," said Mr.

Stevens, "upon any question of reconstruction, that, if I do not change my mind, I shall to-morrow relieve the House from any question upon the merits of this bill by moving to lay it on the table."

On the 26th of January the discussion was renewed. Mr. Ross, considering the argument on the const.i.tutionality of the measure exhausted, endeavored to show that the bill was "in clear conflict with the action of the party in power during the entire progress of the war, and in conflict with the clearly-expressed opinions of the Executive of the nation, the Supreme Court, and the Congress of the United States."

Mr. Ashley withdrew his amendment to Mr. Stevens' bill that the House might, in Committee of the Whole, have an opportunity to perfect the bill so as to send it to the Senate within two or three days.

"I ask the gentleman," said Mr. Conkling, "to state his objection to having a subject like this committed to a committee which has now no work upon its hands, and which has a right to report at any time."

"The Committee on Reconstruction," replied Mr. Ashley, "have held no meetings during this entire session up to this hour. Several bills proposed by gentlemen have been referred to that committee during this session, upon which they have taken no action. If the committee ever gets together again--which I doubt, as it is a large committee, composed of both branches of Congress--I have but little hope of their being able to agree. The chairman of the committee on the part of the Senate, as is well known, is absorbed in his efforts to perfect the financial measures of the country, and I fear that if this bill goes to that committee it will go to its grave, and that it will not, during the life of the Thirty-ninth Congress, see the light. If I were opposed to these bills, I would vote to send them to that committee as sending them to their tomb."

"There is no difficulty," responded Mr. Conkling, "in having prompt consideration of any thing which may be sent to the committee. It was created originally solely to deal with this subject. It was, at first, broken into four sub-committees, that the work of gathering evidence might be more advantageously and speedily carried on. It became one committee, usually working together, only during a few weeks immediately preceding the bringing forward of its ultimate propositions. It would not be decorous for me to praise the committee or the work it did, but I may say with propriety that if it ever was a good committee, if it ever should have been created and composed as it was, it is a good committee now--better than it ever was before; better, because more familiar with this subject, because its members, having now become acquainted with each other's views, and having become accustomed to act with each other, and having studied the whole subject committed to them, can proceed with much more hope of good results than ever before. Having a right to report at any time, and being led, on the part of this House, by the distinguished gentleman from Pennsylvania [Mr. Stevens], I see no reason why it can not consider and digest wisely and promptly whatever may be referred to it and make report."

"We are now considering a report from that very committee," said Mr.

Stevens. "That committee made a report, and I have offered a subst.i.tute for the bill which they reported. If the gentleman thinks the report of that committee is best, then let him vote against my subst.i.tute. But why send this subject back again to the committee? The gentleman knows as well as I do how many different opinions there are in that committee; some of us believe in one thing, and some of us in another; some of us are very critical, and some of us are not. The idea that we can consider any thing in that committee, const.i.tuted as it is, in less than a fortnight, it seems to me is wholly out of the question; and as we have only about some twenty working days in which to mature this bill in both branches of Congress, if we send this subject to that committee and let it take its time to consider it, and then have it reported here and considered again, I certainly need not say to gentlemen that that would be an end of the matter, at least for this session."

"The gentleman from Pennsylvania concurred in that report," replied Mr. Conkling. "He had his full share in molding it and making it precisely what it was. He supported it then; now he offers a subst.i.tute for it. Why? Because the time which has elapsed since then, and the events which have transpired, have modified, he thinks, the exigencies of the case. Is not that as applicable to the judgment of the committee as to his own? Is it not proper that it should have the opportunity of acting for once in the light of all the facts and circ.u.mstances as they are to day?"

"Two or three bills on this subject," said Mr. Stevens, "have been referred during this session to that committee. Why has not the committee acted on them?"

"If I were the chairman of the committee on the part of this House,"

replied Mr. Conkling, "I should be able to answer that question, because then I could tell why I had not called the committee together.

But as I am only a subordinate member of the committee, whose business it is to come when I am called, and never to call others, I am entirely unable to give the information for which the gentleman inquires."

"If I could have any a.s.surance," said Mr. Ashley, "that this committee would be able to report promptly a bill upon which this House could probably agree, I would not hesitate a single moment to vote for the reference of this measure to that committee; but, believing that they will be unable to agree, I shall vote against a recommitment."

In describing the character of the opposition arrayed against the Congressional plan of reconstruction, Mr. Ashley used the following emphatic language: "Why, sir, the a.s.sumption, the brazen-faced a.s.sumption of men who during the entire war were in open or secret alliance with the rebels, coming here now and joining hands with the apostate at the other end of the avenue, who is the leader, the recognized leader of a counter-revolution--a negative rebellion, as I said awhile ago--pa.s.ses comprehension."

"If intended to apply to us," said Mr. Winfield, speaking for the Democratic members, "it is a base and unfounded slander."

"So far as I am concerned, it is a base lie," said Mr. Hunter. For using these words, "condemned by gentlemen every-where, as well as by parliamentary law," the House pa.s.sed a vote of censure on Mr. Hunter, and he was required to go forward and receive a public reprimand from the Speaker.

On the 28th of January, the House having resumed the consideration of the bill to restore to the rebel States their full political rights, Mr. Julian expressed his belief that the time had come for action, and that having the great subject before them, they should proceed earnestly, and with little delay, to mature some measure which would meet the demand of the people. "Let us tolerate no further procrastination," said he; "and while we justly hold the President responsible for the trouble and mal-administration which now curse the South and disturb the peace of the country, let us remember that the national odium already perpetually linked with the name of Andrew Johnson will be shared by us if we fail in the great duty which is now brought to our doors."

Mr. Julian differed with many others in his opinion of the real wants of the rebel States. "What these regions need," said he, "above all things, is not an easy and quick return to their forfeited rights in the Union, but _government_, the strong arm of power, outstretched from the central authority here in Was.h.i.+ngton, making it safe for the freedmen of the South, safe for her loyal white men, safe for emigrants from the Old World and from the Northern States to go and dwell there; safe for Northern capital and labor, Northern energy and enterprise, and Northern ideas to set up their habitation in peace, and thus found a Christian civilization and a living democracy amid the ruins of the past."

"It would seem," said Mr. Cullom, "that the men who have been struggling so hard to destroy this country were and still are the instruments, however wicked, by which we are driven to give the black man justice, whether we will or no.

"By the unholy persistence of rebels slavery was at last overthrown.

Their contempt of the Const.i.tutional Amendment, now before the country, will place in the hands of every colored man of the South the ballot."

The bill before the House was referred to the Committee on Reconstruction by a vote of eighty-eight to sixty-five.

On the 4th of February, Mr. Williams, of Oregon, introduced into the Senate "A bill to provide for the more efficient government of the insurrectionary States," which was referred to the Committee on Reconstruction.

[Ill.u.s.tration: Geo. H. Williams, Senator from Oregon.]

This bill, having been considered by the Committee, was adopted by them, and was reported by their chairman to the House, on the 6th of February, in the following form:

"_Whereas_, the pretended State Governments of the late so-called Confederate States of Virginia, North Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas, and Arkansas were set up without the authority of Congress and without the sanction of the people; and _whereas_ said pretended governments afford no adequate protection for life or property, but countenance and encourage lawlessness and crime; and _whereas_ it is necessary that peace and good order should be enforced in said so-called States until loyal and Republican State Governments can be legally established: Therefore,

"_Be it enacted by the Senate and House of Representatives of the United States of America in Congress a.s.sembled_, That said so-called States shall be divided into military districts and made subject to the military authority of the United States, as hereinafter prescribed; and for that purpose Virgina shall const.i.tute the first district, North Carolina and South Carolina the second district, Georgia, Alabama, and Florida the third district, Mississippi and Arkansas the fourth district, and Louisiana and Texas the fifth district.

"SEC. 2. _And be it further enacted_, That it shall be the duty of the General of the army to a.s.sign to the command of each of said districts an officer of the regular army not below the rank of brigadier general, and to detail a sufficient force to enable such officer to perform his duties and enforce his authority within the district to which he is a.s.signed.

"SEC. 3. _And be it further enacted_, That it shall be the duty of each officer a.s.signed, as aforesaid, to protect all persons in their rights of person and property, to suppress insurrection, disorder, and violence, and to punish, or cause to be punished, all disturbers of the public peace and criminals; and to this end he may allow civil tribunals to take jurisdiction of and to try offenders, or when in his judgment it may be necessary for the trial of offenders he shall have power to organize military commissions or tribunals for that purpose, any thing in the const.i.tution and laws of the so-called States to the contrary notwithstanding; and all legislative or judicial proceedings or processes to prevent the trial or proceedings of such tribunals, and all interference by said pretended State governments with the exercise of military authority under this act shall be void and of no effect.

"SEC. 4. _And be it further enacted_, That courts and judicial officers of the United States shall not issue writs of _habeas corpus_ in behalf of persons in military custody unless some commissioned officer on duty in the district wherein the person is detained shall indorse upon said pet.i.tion a statement certifying upon honor that he has knowledge or information as to the cause and circ.u.mstances of the alleged detention, and that he believes the same to be rightful; and further, that he believes that the indorsed pet.i.tion is preferred in good faith and in furtherance of justice, and not to hinder or delay the punishment of crime.

All persons put under military arrest, by virtue of this act, shall be tried without unnecessary delay, and no cruel or unusual punishment shall be inflicted.

"SEC. 5. _And be it further enacted_, That no sentence of any military commission or tribunal hereby authorized, affecting the life or liberty of any person, shall be executed until it is approved by the officer in command of the district; and the laws and regulations for the government of the army shall not be affected by this act, except in so far as they conflict with its provisions."