History of the Thirty-Ninth Congress of the United States

by William Horatio Barnes

CHAPTER XXV.

PERSONAL.

Contested Seats — Mr. Stockton votes for Himself — New
Jersey's loss of two Senators — Losses of Vermont —
Suicide of James H. Lane — Death in the House — General
Scott — Lincoln's Eulogy and Statue — Mr. Sumner on Fine
Arts in the Capitol — Censure of Mr. Chanler — Petition
for the expulsion of Garret Davis — Grinnell assaulted by
Rousseau — The Action of the House — Leader of the House.

Matters of interest relating to the members of the Thirty-ninth Congress remain to be noticed. Some names of members appear in the opening scenes of Congress which were substituted by others before the close. This was occasioned partly through successful contests for seats by persons who, after an investigation of their claims, were declared to have been legally elected, but failed, through fraud or mistake, to receive their credentials. The right of Mr. Voorhees, of Indiana, to a seat in the Thirty-ninth Congress was contested by Henry D. Washburn. The testimony in this case was laid before the Committee on Elections early in the session, and after patient hearing of the parties and careful consideration of the subject, the committee reported in favor of Mr. Washburn and unseated Mr. Voorhees.

The seat in Congress taken at the opening of the session by James Brooks, of New York, was decided by the committee, after consideration of the claims of the contestant, to belong to William E. Dodge, a merchant of New York city.

The right of John P. Stockton, of New Jersey, to a seat in the Senate having been disputed on account of irregularity in his election, the Senate came to a vote on the question, after considerable discussion, on the 23d of March, 1866. Mr. Stockton was declared entitled to his place by the close vote of 22 to 21, he giving the decisive vote in favor of himself. There arose a very exciting debate as to the right of a Senator to vote for himself under such circumstances. Mr. Stockton finally yielded to the arguments against his right to sit in judgment on his own case, and he was unseated March 27th by a vote of 22 to 21. For a time the seat thus vacated, to which New Jersey was entitled in the Senate, remained unoccupied on account of the refusal of the Republican Speaker of the New Jersey Senate to give his vote in favor of the nominee of the Union caucus, Mr. Cattell. On account of the nearly equal balance of the parties, the choice was long deferred, but eventually made in favor of Mr. Cattell. The other seat held by New Jersey in the Senate was practically vacant for a considerable time on account of the illness of its incumbent, Mr. William Wright, who consequently resigned and eventually died before the expiration of the Thirty-ninth Congress.

Other seats in Congress were vacated by death. Of all the States, Vermont suffered most severely in this respect. A part of the proceedings of the Thirty-ninth Congress consists of funeral addresses and eulogies upon Judge Collamer, a distinguished Senator from Vermont, whose term of service, had he lived, would have expired with the close of this Congress. He died, lamented by the nation, on the 8th of November, 1865. One who took a prominent part in the funeral obsequies of Mr. Collamer was Solomon Foot, the surviving Senator from Vermont. A man termed, from his length of service, "the father of the Senate," long its presiding officer, of purest morals, incorruptible integrity, and faithful industry, he died universally lamented on the 28th of March, 1866. Mr. Foot's death created a profound impression, since it exhibited, in a most remarkable manner, the effect of Christianity in affording its possessor a happy close of life.

The death of another Senator stands forth in striking contrast with that of Mr. Foot. On the first of July, 1866, Senator James H. Lane shot himself at Leavenworth, Kansas. While on his way home from Washington, when at St. Louis, he had intimated a determination to commit suicide. His friends watched him closely, and obtained possession of his pocket-knife lest he might use it for the fatal purpose. Mr. Lane having reached Leavenworth, two of his friends invited him to ride with them on Sabbath afternoon. After getting into the carriage, he expressed a desire to return to his room for his cane, refusing to allow any one to go for him. Mr. Lane having returned with his cane, they drove to the heights overlooking the city. He entered cheerfully into the conversation, remarking upon the beauty of the city and landscape. On returning, they had to pass through a gate that separated two fields. One of the gentlemen alighted to open the gate. At the same time Mr. Lane stepped down from the carriage, and, passing around behind it, said, "Good-by, gentlemen," and instantly discharged a pistol with its muzzle in his mouth. The ball passed out at the top of his head, near the center of the skull, producing a fatal wound. The unhappy man lingered for a few days in a state of unconsciousness and died. Thus ended the stirring, troubled life of one who as a politician had occupied no inconsiderable space in the public eye.

A number of seats in the House of Representatives were vacated by death. James Humphrey, an able and honored member from New York, died in Brooklyn on the 16th of June, 1866. During the second session of the Thirty-ninth Congress, two members of the House of Representatives were removed by death—Philip Johnson, of Pennsylvania, in his third term of Congressional service, and Henry Grider, of Kentucky, a veteran member, who, having served in Congress from 1843 to 1847, was more recently a member of the Thirty-seventh, Thirty-eighth, and Thirty-ninth Congresses.

Congress was called upon to pay funeral honors to others than its members. The death of General Scott, so long the illustrious chief of the military establishment of the nation, was regarded with due solemnity and honor by Congress, who deputized a large committee to attend the funeral obsequies at West Point. An equestrian statue of the distinguished General was voted by Congress to adorn the public grounds of the national capital.

The name of Abraham Lincoln, the nation's martyred President, was always pronounced with profoundest respect and sincerest gratitude in the halls of Congress. His birthday, February 12th, was celebrated by the adjournment of Congress, and such an assembly as the hall of Representatives has rarely witnessed, to hear a eulogy pronounced by Mr. Bancroft, the American historian. An appropriation of ten thousand dollars was made to pay a young artist, Miss Minnie Ream, to model a statue of Abraham Lincoln. This proposition elicited an animated discussion, and was the occasion of a most interesting address by Mr. Sumner on Art in the Capitol. "Surely this edifice," said he, "so beautiful and interesting, should not be opened to the experiments of untried talent. Only the finished artists should be invited to its ornamentation.

"Sir, I doubt if you consider enough the character of this edifice in which we are now assembled. Possessing the advantage of an incomparable situation, it is one of the first-class structures in the world. Surrounded by an amphitheater of hills, with the Potomac at its feet, it resembles the capitol in Rome, surrounded by the Alban hills, with the Tiber at its feet. But the situation is grander than that of the Roman capitol. The edifice itself is worthy of the situation. It has beauty of form and sublimity in proportions, even if it lacks originality in conception. In itself it is a work of art. It ought not to receive in the way of ornamentation any thing which is not a work of art. Unhappily this rule has not always prevailed, or there would not be so few pictures and marbles about us worthy of the place they occupy. But bad pictures and ordinary marbles should warn us against adding to their number."

Perhaps no Congress in the history of the country presents fewer disagreeable incidents of a personal nature than this. The Democrats in Congress being in such a small minority as to be unable to do any thing effectual either to impede or advance legislation, could only present their vain protests in words. Chafing under the difficulties they encountered, it is not surprising that at times they used language so ill-timed and unparliamentary as to call forth the censure of the House.

On one occasion, Mr. Chanler, of New York, submitted a resolution "that the independent, patriotic, and constitutional course of the President of the United States, in seeking to protect, by the veto power, the rights of the people of this Union against the wicked and revolutionary acts of a few malignant and mischievous men meets with the approval of this House, and deserves the cordial support of all loyal citizens of the United States."

For introducing this resolution, the House voted to censure Mr.
Chanler as having "attempted a gross insult to the House."

Before the vote was taken, Mr. Chanler said: "If by my defiance I could drive your party from this hall, I would do so; if by my vote I could crush you, I would do so, and put the whole party, with your leader, the gentleman from Pennsylvania [Mr. Stevens], into that political hell surrounded by bayonets referred to by him in his argument on Thursday last."

In the Senate a petition was presented from citizens of New York praying that Garret Davis be expelled from the Senate, and, "with other traitors, held to answer to the law for his crime, since he stood in the attitude of an avowed enemy of the Government"—since he had made the declaration in reference to the Civil Rights Bill "that if the bill should become a law, he should feel compelled to regard himself as an enemy of the Government, and to work for its overthrow."

"It is true," replied Mr. Davis, "that I used in substance the words that are imputed to me in that petition; but, as a part of their context, I used a great many more. As an example of garbling, the petition reminds me of a specimen that I heard when I was a young man. It was to this effect: 'The Bible teaches "that there is no God."' When those words were read in connection with the context, the passage read in about these terms: 'The fool hath said in his heart that there is no God.' That specimen of the Bible was about as fair as this garbled statement is of what I said upon the matter to which it refers."

The most serious subject coming up for the censure of the House was an assault made by Mr. Rousseau, of Kentucky, upon Mr. Grinnell, of Iowa. In many of its features this incident resembles the "affairs" of a personal character which were of frequent occurrence when Southern members were in Congress before the war. In February, 1866, Mr. Rousseau, in the course of a speech on the Freedmen's Bureau Bill, made the remark, "If you intend to arrest white people on the ex parte statement of negroes, and hold them to suit your convenience for trial, and fine and imprison them, then I say that I oppose you; and if you should so arrest and punish me, I would kill you when you set me at liberty."

To this Mr. Grinnell replied, "I care not whether the gentleman was four years in the war on the Union side or four years on the other side, but I say that he degraded his State and uttered a sentiment I thought unworthy of an American officer when he said that he would do such an act on the complaint of a negro against him."

To this Mr. Rousseau, on the following day, replied: "I pronounce the assertion that I have degraded my State and uttered a sentiment unworthy an American officer to be false, a vile slander, and unworthy to be uttered by any gentleman upon this floor."

Some months after this, Mr. Rousseau, in a public speech delivered in New York city, denounced Mr. Grinnell as a "pitiable politician from Iowa." In a speech made in the House on the 11th of June, Mr. Rousseau said of Mr. Grinnell: "I do not suppose that any member of this House believed a word he said. When a member can so far depart from what every body believes he ought to know and does know is the truth, it is a degradation, not to his State, but to himself."

"When any man," replied Mr. Grinnell—"I care not whether he stands six feet high, whether he wears buff and carries the air of a certain bird that has a more than usual extremity of tail, wanting in the other extremity—says that he would not believe what I utter, I will say that I was never born to stand under an imputation of that sort.

"The gentleman begins courting sympathy by sustaining the President of the United States preparatory to his assault upon me. Now, sir, if he is a defender of the President of the United States, all I have to say is, God save the President from such an incoherent, brainless defender, equal in valor in civil and in military life. His military record—who has read it? In what volume of history is it found?"

Mr. Rousseau determined to resent the insult which he conceived to be offered him in this speech by inflicting a bodily chastisement upon Mr. Grinnell. On the morning of June 14th, Mr. Rousseau informed a military friend of his purpose of flogging Mr. Grinnell. The person so informed procured a pistol and waited in the capitol until the close of the day's session, in order to be present at the flogging and see "fair play." Two other friends of Mr. Rousseau, also armed with pistols, happened to be present when the scene transpired. While Mr. Grinnell was passing from the House through the east portico of the capitol, he was met by Mr. Rousseau, who, in an excited manner, said, "I have waited four days for an apology for words spoken here upon this floor."

"What of that?" asked Mr. Grinnell.

"I will teach you what of that," said Mr. Rousseau, who then proceeded to strike Mr. Grinnell about the head and shoulders with a rattan, stopping occasionally to lecture him, and saying, "Now, you d——d puppy and poltroon, look at yourself."

After receiving half a dozen blows, Mr. Grinnell exclaimed, "I don't want to hurt you."

"I don't expect you to hurt me, you d——d scoundrel," said Mr. Rousseau, "but you tried to injure me upon the floor of the House. And now look at yourself; whipped here; whipped like a dog, disgraced and degraded! Where are your one hundred and twenty-seven thousand constituents now?"

A committee was appointed to investigate this disgraceful affair. In just one month after the transaction, a report was presented, signed by Messrs. Spalding, Banks, and Thayer, stating the facts in the case, and recommending the expulsion of Mr. Rousseau. They also proposed a resolution to express disapproval of the reflections made by Mr. Grinnell upon the character of Mr. Rousseau. The "views of the minority" were also presented by Messrs. Raymond and Hogan. They recommended that the punishment of Mr. Rousseau should be a public reprimand by the Speaker. After protracted discussion, the House came to a final decision. The motion to expel, requiring two-thirds, failed by a few votes. The motion by which the Speaker was directed to publicly reprimand Mr. Rousseau was carried by a vote of 89 to 30. There were not enough in favor of the motion to disapprove of Mr. Grinnell's remarks to call the ayes and noes. Mr. Rousseau endeavored to evade the execution of the sentence by sending his resignation to the Governor of Kentucky. The House declared that a member could not dissolve his connection with the body under such circumstances, without its consent. On the 21st of July, the execution of the order was of the House having been demanded, Mr. Rousseau appeared at the bar, when the Speaker said, "General Rousseau, the House of Representatives have declared you guilty of a violation of its rights and privileges in a premeditated personal assault upon a member for words spoken in debate. This condemnation they have placed on their journal, and have ordered that you shall be publicly reprimanded by the Speaker at the bar of the House. No words of mine can add to the force of this order, in obedience to which I now pronounce upon you its reprimand."

Early in the second session of the Thirty-ninth Congress, an interesting case came up relating to the privileges and immunities of a member of Congress. Charles V. Culver, Representative of the Twentieth District of Pennsylvania, having been engaged very extensively in banking, made a failure in business. In June, 1866, during the session of Congress, one of his creditors caused his arrest upon a contract for the return of certain bonds and notes alleged to have been lent to him, charging that the debt incurred thereby was fraudulently contracted by Culver. In default of required security, Mr. Culver was committed to jail, where he remained until the 18th of December. Mr. Culver claimed his immunity as a member of Congress, under the clause of the Constitution which provides that Senators and Representatives "shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the sessions of their respective houses, and in going to and returning from the same." The judge decided that the offense fell under the constitutional exception, and was to be regarded as a "breach of the peace." From this remarkable decision an appeal was made to the House of Representatives itself, as "the highest court of the nation, and depository of its supreme authority." The case was referred to the Judiciary Committee, who reported a resolution, unanimously adopted by the House, directing the Speaker to issue his warrant to the Sergeant-at-Arms, commanding him to deliver forthwith Charles V. Culver from the custody of the sheriff and jailor of Venango County, and make return to the House of the warrant, and the manner in which he may have executed the same. The Sergeant-at-Arms proceeded immediately to execute the order of the House, and in a short time the Speaker announced that Mr. Culver was unrestrained in his seat as a member of the Thirty-ninth Congress.

Among the numerous distinguished men who constituted the Thirty-ninth Congress, no one towered so conspicuously above the rest as to be universally recognized and followed as the "leader." This title has been frequently applied to Thaddeus Stevens. He was in many respects the most prominent figure in the Thirty-ninth Congress. His age, his long fidelity to the principles of the Republican party, his uncompromising spirit, and his force of character made him a conspicuous and influential member of the House, but did not cause him to be generally recognized or implicitly followed as a leader.

In so large a legislative body, composed of so many men of independent thought and action, acknowledging no parliamentary leader, it is remarkable that the wheels of legislation should run so smoothly, and that after all the disagreement in discussion, great results should be at last so harmoniously wrought out. This is partly due to the patriotic spirit which pervaded the minds of its members, inducing them to lay aside minor differences of opinion for the good of that common country for which their constituents had lately made such tremendous sacrifice. The result is also owing to the parliamentary ability and tact of him who sat patiently and faithfully as Speaker of the House. Deprived by his position of opportunity of taking part in the discussions, which his genius and experience fitted him to illustrate, he nevertheless did much to direct the current of legislation which flowed smoothly or turbidly before him. The resolution of thanks to the Speaker, moved by a member of the minority, and passed unanimously by the House, was no unmeaning compliment, but was an honor fairly earned and justly paid.

The labor of presiding over the Senate—a much lighter task, owing to the smaller number which composed the body—was faithfully performed by Mr. Foster. His remarks to the Senate on retiring from the chair as President pro tempore, and closing a career of twelve years as a member of the body, were most beautiful and impressive.

Benjamin F. Wade, "a Senator from Ohio," having been duly elected President pro tempore of the Senate, took the "iron-clad oath" and assumed his seat as acting Vice-President of the United States without ostentation or remark.

At twelve o'clock noon of March 4, 1867, the Thirty-ninth Congress closed its existence, handing over its great enactments to the country, and its unfinished business to its successor, which immediately came into life.