Twenty Years of Congress, Volume 2 / From Lincoln to Garfield, with a Review of the Events Which Led to the Political Revolution of 1860

by James Gillespie Blaine

Mr. Niblack of Indiana offered a resolution that "pending the question as to the admission of persons claiming to have been elected representatives to the present Congress from the States lately in rebellion, such persons be entitled to the privileges of the floor of the House." This was a privilege always accorded to contestants for seats, but Mr. Wilson of Iowa now objected; and, on motion of Mr. Stevens, the House adjourned without even giving the courtesy of a vote to the resolution. No action of a more decisive character could have been taken to indicate, on the threshold of Congressional proceedings, the hostility of the Republican party, not merely to the President's plan of reconstruction, but to the men who, under its operation in the South, had been chosen to represent their districts in Congress. Against a bad principle a good one my be opposed and the contest proceed in good temper. But his is not practicable when personal feeling is aroused. The presence in Washington of a considerable number of men from the South, who, when Congress adjourned in the preceding March, were serving in the Confederate Army, and were now at the Capital demanding seats in the Senate and House, produced a feeling of exasperation amounting to hatred. The President's reconstruction policy would have been much stronger if the Southern elections to Congress had been postponed, or if the members elect had remained at home during the discussion concerning their eligibility. The presence of these obnoxious persons inflamed minds not commonly given to excitement, and drove many men to act from anger who were usually governed by reason.

In the Senate the proceedings were conducted with even more disregard of the President than had been manifested in the House. An entire policy was outlined by Mr. Sumner, without the slightest reference to what the President might communicate "on the state of the Union," and a system of reconstruction proposed which was in absolute hostility to the one that Mr. Johnson had devised. Mr. Sumner submitted resolutions defining the duty of Congress in respect to guarantees of the National security and National faith in the rebel States. While the conditions were not put forth as a finality, they were significant, if not conclusive, of the demands which would be made, first by the more advanced Republicans, and ultimately by the entire party. These resolutions declared that, in order to provide proper guarantees for security in the future, "Congress should take care that no one of the rebellious States should be allowed to resume its relations to the Union until after the satisfactory performance of five several conditions, which must be submitted to a popular vote, and be sanctioned by a majority of the people in each of those States respectively." These condition were, in some respects, marked by Mr. Sumner's lack of tact and practical wisdom as a legislator. He required stipulations, the fulfillment of which could not really be ascertained.

Mr. Sumner demanded, first, "the complete re-establishment, in loyalty, as shown by an honest recognition of the unity of the Republic, and the duty of allegiance to it at all times, without mental reservation or equivocation of any kind." How Mr. Sumner could determine that "the recognition of the unity of the Republic" was honest, how he could know whether there was not, after all, a mental reservation on the part of the rebels now swearing allegiance, he did not attempt to inform the Senate. The next or second condition was somewhat more practical in fact, but might have been expressed in simpler form. He demanded "the complete suppression of all oligarchical pretensions, and the complete enfranchisement of all citizens, so that there shall be no denial of rights on account of race or color." His third condition was "the rejection of the rebel debt, and the adoption, in just proportions, of the National debt and the National obligations to Union soldiers, with solemn pledges never to join in any measure, directly or indirectly, for their repudiation, or in any way tending to impair the National credit." His fourth condition was "the organization of an educational system for the equal benefit of all, without distinction of color or race." His fifth had some of the objectionable features of his first, demanding "the choice of citizens for office, whether State or National, of constant and undoubted loyalty, whose conduct and conversation shall give assurance of peace and reconciliation." The rebel States were not to be, in Mr. Sumner's language, "precipitated back to political power and independence, but must wait until these conditions are, in all respects, fulfilled." In addition, he desired a declaration of the Senate that "the Thirteenth Amendment, abolishing slavery, has become and is a part of the Constitution of the United States, having received the approval of the Legislatures of three-fourths of the States adhering to the Union." He declared that "the votes of the States in rebellion are not necessary, in any way, to its adoption, but they must all agree to it through their Legislatures, as a condition precedent to their restoration to their full rights as members of the Union." With these resolutions Mr. Sumner submitted another long series declaratory of the duty of Congress in respect to loyal citizens in the rebel States. His first series had defined what the lately rebellious States must agree to by popular vote, and he now outlined quite fully what would be the duty of Congress respecting the admission of those States to representation in the Senate and the House. The sum of the whole, or the central fact of the whole series, was that the color of the skin must not exclude a loyal man from civil rights.

On the succeeding day, the President, having received notice of the organization of the two Houses, communicated his annual message. It had been looked for with great interest and with varying speculations as to its character. It was expected, and as the event proved with good reason, that it would affect the relation of parties in the Northern States; that it would produce ill-feeling between the President and the Republicans, who had chosen him; and that it would lead, with equal certainty, to a tender of support from the Democrats who had hitherto opposed him. But Mr. Johnson had evidently resolved to exhibit a spirit of calmness and firmness in his official communication, and, while steadily maintaining his own ground, to avoid all harsh words that might give offense to those who differed from him. The moderation in language and the general conservatism which distinguished the message were perhaps justly attributed to Mr. Seward, who had no doubt hoped, by kindly words of conciliation, to avert the threatened break in the ranks of the Republican party. Mr. Seward had never in his Congressional career been a compromiser, but he now worked most earnestly to bring about an accommodation between the Administration and Congress. His argument was the one skillfully employed by all who seek an adjustment between those who ought to be friends: Let each party give way a little; let a common ground of action be established; and, above all, let the calamity of a party division be averted.

The President in his message dwelt at some length in a tone of moderation upon the condition of affairs in the South. He saw before him but two modes of dealing with the insurrectionary states,—one was "to bring them back into practical relations with the Union;" the other was to "hold them in military subjection." . . . "Military government," said the President, "established for an indefinite period, would offer no security for the suppression of discontent, would divide the people into the vanquishers and the vanquished, and would envenom hatred rather than restore affection. . . ." The President set forth the danger of permanent arbitrary rule. "Once established, no precise limit to the continuance of the military governments is conceivable. They would occasion an incalculable and exhausting expense. Peaceful emigration would be prevented, for what emigrant abroad, what industrious citizen at home, would willingly place himself under military rule?"—"Besides," asked the President, "would not the policy of military rule imply that the States whose inhabitants may have taken part in the rebellion have, by the act of those inhabitants, ceased to exist? whereas the true theory is, that all pretended acts of secession were from the beginning null and void." The President then briefly explained how he had proceeded in the appointment of provisional governors, the calling of conventions, the election of civil governors and Legislatures, the choosing of senators and representatives in Congress,—compactly sketching the progress of events from the date of his accession until the date of the message.

Discussing his proposed policy he said with great frankness, "I know very well that for its success it requires, at least, the acquiescence of those States which it concerns; that it implies an invitation to those States, by renewing their allegiance to the United States, to resume their functions as States of the Union; but it is a risk that must be taken, and in the choice of difficulties, it is the smallest risk." He urged very earnestly the adoption of the Thirteenth Amendment in order that the negro should be freed, and with equal strength maintained that, as respected the qualifications for suffrage in each of the States "the General Government should not interfere, but leave that matter where it was originally left,—in the Federal Constitution." But the most partial friend of the President could hardly claim that he frankly communicated the proceedings or the spirit of the Southern conventions and Legislatures. He chose to ignore that subject, to hide it by fluent and graceful phrase from public criticism, and thus to keep from the official knowledge of Congress the most important facts in the whole domain of reconstruction. It was a great mistake in the President to pass over this subject in silence. Such a course enforced one of two impressions, either of which was hurtful to him. He must, according to the common understanding of Congress, have thought the character of Southern legislation so offensive that he could find no excuse for it and therefore would not mention it; or he must have regarded it as outside the line of his observation and beyond the pale of his power of review. Either construction was bad, but the second and more probable one was especially offensive.

The leading men of the Thirty-ninth Congress were mainly those of the Thirty-eighth, though there had been a few important changes. The eminent senator from Vermont, Jacob Collamer, died on the 9th of November (1865); and Luke P. Poland, afterwards a member of the House of Representatives, appeared as his successor. Mr. Solomon Foot, who announced Judge Collamer's death, survived him but a few months. On the 28th of March Mr. Sumner announced his death to the Senate; and eight days later—on the 5th of April (1866)—George F. Edmunds was sworn in as his successor. His first speech was in eulogy of his predecessor. Mr. Edmunds rose rapidly to prominence in the Senate and after the habit of his State has been maintained for a long period in his position.

Honorable James Guthrie of Kentucky, who had been Secretary of the Treasury under President Pierce, now entered the Senate as the successor of Lazarus W. Powell. He was a man of strong parts, possessing a steady industry and thrift not common to the South. He had for many years occupied a commanding financial position in the South-West. Richard Yates, the War Governor of Illinois, displaced William A. Richardson, the intimate friend of Douglas. John P. Hale gave way to Aaron H. Cragin. In recognition of Mr. Hale's ability and long and faithful public service, Mr. Lincoln nominated him to the Spanish Mission. John A. J. Creswell came from Maryland as the successor of Anthony Kennedy. George H. Williams, a Republican, came from Oregon to take the place of Benjamin F. Harding, a Democrat. John P. Stockton of New Jersey, a Democrat, took the place of John C. Ten Eyck, a Republican. Samuel J. Kirkwood entered as the successor of James Harlan to fill his unexpired term, and performed a somewhat unusual service in presenting the credentials of James Harlan as his successor for the first full term, beginning March 4, 1867. This was the first appearance of Mr. Kirkwood in the National field, though he had long been well known for honorable and eminent service in his State.

In the House the changes were more significant than in the Senate. Gilman Marston entered anew, having been absent serving with great credit as a brigadier-general in the war. General Banks resumed the seat which he had left to accept the governorship of Massachusetts in 1857. His checkered and remarkable career, both civil and military, during the eight intervening years had greatly increased his reputation. Henry C. Deming of Connecticut entered fresh from the field of war, choosing a political life rather than a return to literary labor. New York was greatly strengthened in her delegation. Roscoe Conkling resumed the seat which he had lost in the political reverses of 1862. Among the new members were Henry J. Raymond, the able founder and editor of The New-York Times, Robert S. Hale, who became at once distinguished in the arena of debate, and Hamilton Ward, afterwards Attorney-General of his State. These additions gave to the delegation a prestige which its numbers did not always secure. John H. Ketcham, who had attained the rank of brigadier-general by successful service in the field, took his seat in this Congress, destined to hold it for a long period, destined also to exert large political influence without ever once addressing the House of Representatives or an assembly of the people. Reuben E. Fenton, after long and able service in the House, was now transferred to the gubernatorial chair of his State.

Three new men of note entered from Pennsylvania—John M. Broomall, an independent thinker and keen debater, inflexible in principle, untiring in effort; Ulysses Mercur, whose learning as a lawyer and whose worth as a man have since received their reward in a promotion to the Supreme Bench of his State; George V. Lawrence, one of the best known and most sagacious political leaders of Western Pennsylvania, inheriting his capacity from his honored father, Joseph Lawrence, who died during his membership of the Twenty-seventh Congress. John L. Thomas, junior, entered as the representative of the city of Baltimore; and the venerable Francis Thomas returned from his hermitage and his weird life in the Alleghanies.