MEETING OF THIRTY-EIGHTH CONGRESS.
The Thirty-eighth Congress met on the first Monday of December, 1863. The House was promptly organized by the election of Schuyler Colfax to the Speakership. He received 101 votes; all other candidates 81. Mr. Samuel S. Cox received 42 votes, the highest given to any candidate of the opposition. The vote for Mr. Colfax was the distinctive Republican strength in the House. On issues directly relating to the war the Administration was stronger than these figures indicate, being always able to command the support of Mr. Stebbins, Mr. Odell, and Mr. Griswold of New York, and of several members from the Border States.
Schuyler Colfax was especially fitted for the duties of the Chair. He had been a member of the House for eight years, having been chosen directly after the repeal of the Missouri Compromise. He came from good Revolutionary stock in New Jersey, but had been reared in the West; had learned the trade of a printer, and had edited a successful journal at South Bend. He was a paragon of industry, with keen, quick, bright intellect. He mingled freely and creditably in the debates. With a wisdom in which many able members seem deficient, he had given studious attention to the Rules of the House, and was master of their complexities. Kindly and cordial by nature it was easy for him to cultivate the art of popularity, which he did with tact and constancy. He came to the Chair with absolute good will from both sides of the House, and as a presiding officer proved himself able, prompt, fair-minded, and just in all his rulings.
The political re-action of 1862 had seriously affected the membership of the House. Many of those most conspicuous and influential in the preceding Congress had either been defeated or had prudently declined a renomination. E. G. Spaulding, Charles B. Sedgwick, Roscoe Conkling, and A. B. Olin did not return from New York; John A. Bingham and Samuel Shellabarger were defeated in Ohio; Galusha A. Grow was not re-elected in Pennsylvania, and lost in consequence a second term as Speaker; Albert G. Porter and McKee Dunn gave way to Democratic successors in Indiana. In the delegations of all the large States radical changes were visible, and the narrow escape of the Administration from total defeat in the preceding year was demonstrated afresh by the roll-call of the House.
MEMBERS OF THIRTY-EIGHTH CONGRESS.
But the loss of prominent members was counterbalanced by the character and ability of some of the new accessions. Henry Winter Davis took his seat as representative from one of the districts of the city of Baltimore. He had been originally elected to the House as a member of the American party in 1854, and had been re-elected in 1856 and 1858. He had not co-operated with the Republican party before the war, and had supported Mr. Bell for the Presidency in 1860. He was always opposed to the Democratic party, and was under all circumstances a devoted friend of the Union, an arch-enemy of the Secessionists. Born a Southern man, he spoke for the South,— for its duty to the Federal Government, for its best and highest destiny. To him before and above all other men is due the maintenance of loyalty in Maryland. His course was censured by the Democratic Legislature of his State in the winter preceding the Rebellion. He replied through an address "to the voters of Maryland," which for eloquence of expression, force, and conclusiveness of reasoning is entitled to rank in the political classics of America as the Address to the Electors of Bristol ranks in the political classics of England. As a debater in the House Mr. Davis may well be cited as an exemplar. He had no boastful reliance upon intuition or inspiration or the spur of the moment, though no man excelled him in extempore speech. He made elaborate preparation by the study of all public questions, and spoke from a full mind with complete command of premise and conclusion. In all that pertained to the graces of oratory he was unrivaled. He died at forty-eight. Had he been blessed with length of days, the friends who best knew his ability and his ambition believed that he would have left the most brilliant name in the Parliamentary annals of America.
Robert C. Schenck was an invaluable addition to the House. He had been serving in the field since the outbreak of the war, but had been induced to contest the return of Vallandigham to Congress. His canvass was so able and spirited that though in other parts of the State the Democrats captured eight Republican districts, he defeated Vallandigham in a Democratic district. Mr. Schenck had originally entered Congress in 1843 at thirty-four years of age, and after a distinguished service of eight years was sent by President Fillmore as Minister-Plenipotentiary to Brazil. After his return he had taken no part in political affairs until now. His re-appearance in Congress was therefore significant. He was at once placed at the head of the Committee on Military Affairs, then of superlative importance, and subsequently was made chairman of Ways and Means, succeeding Mr. Stevens in the undoubted leadership of the House. He was admirably fitted for the arduous and difficult duty. His perceptions were keen, his analysis was extraordinarily rapid, his power of expression remarkable. On his feet, as the phrase went, he had no equal in the House. In the five-minute discussion in Committee of the Whole he was an intellectual marvel. The compactness and clearness of his statement, the facts and arguments which he could marshal in that brief time, were a constant surprise and delight to his hearers. No man in Congress during the present generation has rivaled his singular power in this respect. He was able in every form of discussion, but his peculiar gift was in leading and controlling the Committee of the Whole.**
MEMBERS OF THIRTY-EIGHTH CONGRESS.
Several new members entered the Thirty-eighth Congress who were destined to long service and varying degrees of prominence. James A. Garfield came from Ohio with a valuable reputation acquired in the Legislature of his State and with a good military record, established in the war and recognized by the conferment of a Major- General's commission which he had won on the field. William B. Allison, John A. Kasson and Hiram Price of Iowa, John A. J. Creswell of Maryland, Glenni W. Scofield of Pennsylvania, all earned honorable distinction in after years. George S. Boutwell entered from Massachusetts at forty-five years of age. Twelve years before, as a radical Democrat and Free-Soiler, he had been chosen governor of his State. James G. Blaine entered from Maine at thirty-three years of age. Among the new members on the Democratic side of the House were Samuel J. Randall, with the reputation of conspicuous service in the Pennsylvania Legislature, and William R. Morrison, fresh from his duty in the field as colonel of an Illinois regiment, and, though still young, old enough to have served with credit in the Mexican war. Fernando Wood, who had been elected a member of the House in 1840, and had served one term, now entered again. Francis Kernan appeared in public life for the first time, having defeated Roscoe Conkling in the Utica district. Charles A. Eldridge of Wisconsin became one of the ablest parliamentarians of the House.
In the Senate some important changes were made. Governor Morgan entered from New York as the successor of Preston King; Governor Sprague came from Rhode Island, and Governor Ramsey from Minnesota. These elections were all made in direct recognition of the valuable service which these Republican War-Governors had rendered the country. John Conness, a follower of Douglas, who had done much for the cause of the Union on the Pacific coast, now bore the credentials of California. B. Gratz Brown came from Missouri as pledge of the radical regeneration of that State.
To the Democratic side of the chamber three able men were added. Reverdy Johnson of Maryland succeeded to the seat made vacant the preceding autumn by the death of James Alfred Pearce. Mr. Johnson had long been eminent at the Bar of the Supreme Court. He was a warm supporter of Mr. Clay, and was chosen to the Senate as a Whig in 1845. He was attorney-general in the Cabinet of President Taylor, and after the defeat of the Whigs in 1852 had co-operated with the Democrats. He had stood firmly by the Union, and his re- appearance in the Senate added largely to the ability and learning of that body. Thomas A. Hendricks entered from Indiana as the successor of Jesse D. Bright, who had been expelled upon a charge of disloyalty. Mr. Hendricks had served in the House of Representatives from 1851 to 1855. He was but thirty-one years of age when first chosen and his record in the House had not prepared the public to expect the strength and ability which he displayed as senator. He was in the full maturity of his powers when he took his seat, and he proved able, watchful, and acute in the discharge of his public duties. He was always at his post, was well prepared on all questions, debated with ability, and rapidly gained respect and consideration in the Senate. Charles R. Buckalew of Pennsylvania succeeded David Wilmot. Both he and Mr. Hendricks were fruits of the violent re-action against the Administration the preceding year. Mr. Buckalew came with high reputation, but did not gain so prominent a position in the Senate as his friends had anticipated. He did not seem ambitious, was not in firm health, and though his ability was recognized, his service did not strengthen his party either in the Senate or in his State. A Democrat from Pennsylvania is somewhat out of harmony with the members of his party elsewhere, on account of the advocacy of the Protective system to which he is forced by the prevailing opinion among his constituents.
THE MESSAGE OF PRESIDENT LINCOLN.
Congress assembled in December, 1863, in very different spirit from that which prevailed either at the opening or at the adjournment of the preceding session. The President in his annual message recognized the great change for which "our renewed and profoundest gratitude to God is due." Referring to the depressing period of the year before, he said "The tone of public feeling at home and abroad was not satisfactory. With other signs the popular elections then just passed indicated uneasiness among ourselves, while amid much that was cold and menacing, the kindest words coming from Europe were uttered in accents of pity, that we were too blind to surrender a hopeless cause. Our commerce was suffering greatly by a few armed vessels built upon and furnished from foreign shores, and we were threatened with such additions from the same quarter as would sweep our trade from the sea and raise the blockade. We had failed to elicit from European governments any thing hopeful on this subject. . . .
"We are now permitted to take another view. The rebel borders are pressed still further back, and by the complete opening of the Mississippi the country, dominated by the Rebellion, is divided into distinct parts with no practical communication between them. Tennessee and Arkansas have been substantially cleared of insurgent control, and influential citizens in each,—owners of slaves and advocates of slavery at the beginning of the Rebellion,—now declare openly for emancipation in their respective States. Of those States not included in the Emancipation Proclamation, Maryland and Missouri, neither of which three years ago would tolerate any restraint upon the extension of slavery into new territories, only now dispute as to the best mode of removing it within their own limits." The President dwelt with much satisfaction upon the good behavior of the slave population. "Full one hundred thousand of them are now in the United-States military service, about one-half of which number actually bear arms in the ranks, thus giving a double advantage,—of taking so much labor from the insurgents' cause, and supplying the places which otherwise might be filled with so many white men. So far as tested it is difficult to say that they are not as good soldiers as any. No servile insurrection or tendency to cruelty has marked the measures of emancipation and the arming of the blacks. . . . Thus we have a new reckoning. The crisis which threatened to divide the friends of the Union is past."
The Thirty-seventh Congress was distinguished for its effective legislation on all subjects relating to the finances and to the recruitment of a great army. It was reserved to the Thirty-eighth Congress to take steps for the final abolition of slavery by the submission to the States of a Thirteenth Amendment to the Constitution. The course of events had prepared the public mind for the most radical measures. In the short space of three years, by the operation of war, under the dread of national destruction, a great change had been wrought in the opinions of the people of the Loyal States. When the war began not one-tenth of the citizens of those States were in favor of immediate and unconditional emancipation. It is very doubtful whether in September, 1862, the proclamation of the President would have been sustained by the majority of the Northern people. In every instance the measures of Congress were in advance of public opinion, but not so far in advance as to invite a calamity through re-action. The President was throughout more conservative than Congress. He had surprised every one with the Emancipation Proclamation, but he was so anxious for some arrangement to be made for compensating the Border States for their loss of slaves, that he did not at once recommend the utter destruction of the institution by an amendment to the Fundamental Law of the Republic. He left Congress to take the lead.
Mr. James M. Ashley of Ohio is entitled to the credit of having made the first proposition to Congress to amend the Constitution so as to prohibit slavery throughout the United States. During the entire contest Mr. Ashley devoted himself with unswerving fidelity and untiring zeal to the accomplishment of this object. He submitted his proposition on the fourteenth day of December. Mr. Holman of Indiana objected to the second reading of the bill, but the speaker overruled the objection and the bill was referred to the Committee on the Judiciary. Mr. Wilson of Iowa, chairman of the Judiciary Committee, and Mr. Arnold of Illinois subsequently introduced joint resolutions proposing a like amendment to the Constitution. Mr. Holman moved to lay the resolution of Mr. Arnold on the table. The motion failed by a vote of 79 nays to 58 ayes. The vote thus disclosed was so far from the two-thirds necessary to carry the constitutional amendment as to be discouraging to the supporters of the measure.
AMENDMENT OF THE CONSTITUTION.
On the thirteenth day of January, 1864, Mr. Henderson of Missouri introduced in the Senate a joint resolution proposing a complete abolition of slavery by an amendment to the Constitution, and on the tenth day of February Mr. Trumbull, chairman of the Judiciary Committee, reported the proposition to the Senate in these words: "Neither slavery nor involuntary servitude except as a punishment for crime, whereof the party shall have been duly convicted, shall exist in the United States or any place subject to their jurisdiction." Mr. Garrett Davis of Kentucky proposed to amend the resolution so as to exclude the descendants of negroes on the maternal side from all places of office and trust under the government of the United States. Mr. Davis betrayed by this motion his apprehension that freedom to the negro would be followed by the enjoyment of civil rights and the exercise of political power. Mr. Davis proposed at the same time to amend the Constitution so as to consolidate New England into two States to be called East New England and West New England, the evident attempt being to avenge the overthrow of the slave system by the degradation of that section of the country in which the anti-slavery sentiment had originated and received its chief support.
—It fell to Mr. Trumbull, as the senator who had reported the resolution, to open the debate. He charged the war and all its manifold horrors upon the system of slavery. He stated with clearness the views of the opposition in regard to the legal effect of the proclamation of emancipation, and with eloquent force of logic he portrayed the necessity of universal freedom as the chief means of ending not only the controversy on the battle-field, but the controversy of opinion.—Mr. Willard Saulsbury of Delaware on the 31st of March replied to Mr. Trumbull, and discussed the subject of slavery historically, citing the authority of the old and the new dispensations in its support.—Mr. Hendricks of Indiana objected to a proposition to amend the Constitution while eleven States of the Union were unable to take part in the proceedings. He wished a constitution for Louisiana as well as for Indiana, for Florida as well as for New Hampshire.—Mr. Clark of New Hampshire criticised the Constitution, and traced the woes which the country was then enduring to the recognition of slavery in that instrument. From the twenty-eighth day of March until the eighth day of April, when the final vote was taken, the attention of the Senate was given to the debate, with only unimportant interruptions. Upon the passage of the resolution, the yeas were 38, and the nays 6. The nays were Messrs. Garrett Davis, Hendricks, McDougall, Powell, Riddle, and Saulsbury. Upon the announcement of the vote, Mr. Saulsbury said, "I bid farewell to all hope for the reconstruction of the American Union."
When the joint resolution, passed by the Senate, was read in the House, Mr. Holman objected to the second reading, and on the question, "Shall the joint resolution be rejected?" the yeas were 55 and the nays 76, an even more discouraging vote than the first. With 55 members opposed to the amendment, it would require 110 to carry it, or 34 more than the roll-call had disclosed. The debate was opened by Mr. Morris of New York who treated the abolition of slavery as a necessary preliminary to the reconstruction of the Union.
—Mr. Fernando Wood denounced the movement as "unjust in itself, a breach of good faith utterly irreconcilable with expediency."
—Mr. Ebon C. Ingersoll of Illinois made a strong and eloquent appeal for the passage of the amendment and the liberation of the slave. With the accomplishment of that grand end, said he, "our voices will ascend to Heaven over a country re-united, over a people disinthralled, and God will bless us."
—Mr. Samuel J. Randall of Pennsylvania argued earnestly against the amendment. He regarded it as the beginning of radical changes in our Constitution, and the forerunner of usurpation. The policy pursued was uniting the South and dividing the North.
—Mr. Arnold of Illinois said, "in view of the long catalogue of wrongs which it has inflicted upon the country, I demand to-day the death of African slavery."
—Mr. Mallory of Kentucky maintained that Mr. Lincoln had been forced to issue the Proclamation of Emancipation by the governors who met at Altoona. He was answered by Mr. Boutwell of Massachusetts, who most effectively disproved the charge.
—Mr. Pendleton of Ohio maintained that three-fourths of the States possessed neither the power to establish nor to abolish slavery in all the States. He contended that the power to amend did not carry with it the power to revolutionize and subvert the form and spirit of the government.
The vote on the passage of the amendment was taken on the fifteenth day of June. The yeas were 93, the nays were 65. The yeas were 27 short of the necessary two-thirds. Mr. Ashley of Ohio, who had by common consent assumed parliamentary charge of the measure, voted in the negative, and in the exercise of his right under the rules, entered upon the journal a motion to reconsider the vote. This ended the contest in the first session of the Thirty-eighth Congress. Mr. Ashley gave notice that the question would go to the country, and that upon the re-assembling of Congress in December he should press the motion to reconsider, and he expected that the amendment would be adopted. This result forced the question into the Presidential canvass of 1864, and upon the decision of that election depended the question of abolishing slavery. The issue thus had the advantage of a direct submission to the votes of the people before it should go to the State Legislatures for ultimate decision.