Ohio grew even stronger than before, and her delegation was again recognized as the leading one of the House. Samuel Shellabarger, John A. Bingham and Columbus Delano re-entered with reputation already established by previous service in Congress. William Lawrence, a conscientious legislator and careful lawyer, entered from the Bellefontaine District. Martin Welker, since promoted to the bench in his State, came from the Wooster District. One of the Cincinnati districts was represented by Benjamin Eggleston, a man of great force and energy; and the other, by a modest man, without experience in legislation, but who had been a good and true soldier in the war for the Union and was highly esteemed by his neighbors. He did not take an active part in Congress, but was destined to a prominence of which he little dreamed—Rutherford B. Hayes.

The Indiana delegation was strengthened on the Democratic side by the return of William E. Niblack, who had made a good record in the Thirty-seventh Congress, and by the entrance of Michael C. Kerr, who served for a long period and ultimately became Speaker of the House. Messrs. Julian, Orth, and Dumont were again elected. The last-named had made a reputation in the preceding Congress as a keen and able man. The Illinois delegation, which had contained a large majority of Democrats in the Thirty-eighth Congress, now returned strongly Republican,—Mr. Lincoln's victory of 1864 having, with three exceptions, carried with it every Congressional district. Four men of marked characteristics were among the new members of the delegation, one of whom was already widely known: the three others were destined to become so in different degrees—John Wentworth, Shelby M. Cullom, Burton C. Cook, and Jehu Baker. Wentworth had been in the House as a Democrat prior to the war, having represented the Chicago District continuously from March 4, 1843 to March 4, 1851; and again from March 4, 1853 to March 4, 1855. He was endowed by nature with a mind as strong as his body, and that was of Titanic proportions. He was an ardent partisan in behalf of any cause he espoused; was willful, aggressive, and dominating. He was, at the same time, genial and kindly in many relations of life, not without gifts of both wit and humor, and courageous to the point of absolute fearlessness. He had been well educated at Dartmouth College in his native State, and long practice had made him a dangerous antagonist in debate. He had been an intense Democrat, but he refused to join Douglas in the repeal of the Missouri Compromise, and subsequently united with the Republicans.—Shelby M. Cullom, with good natural parts and sound education, amiable, pleasing, and endowed with the gracious quality which attracts and holds friends, won his way promptly in the House and gave early promise of the success which afterwards elevated him to the governorship of Illinois, and thence transferred him to the Senate of the United States.—Burton C. Cook was recognized as an able lawyer from the beginning of his service. He constantly grew in influence and strength during the eight years of his continuous membership, and at its close returned to the bar with an enviable reputation and with the assurance of that eminent success which has since attended his professional career.—Jehu Baker was a man of peculiarities, not to say oddities, of bearing; but these did not conceal his worth and ability, nor retard the growing reputation which has since retained him in a diplomatic position.

Missouri, then under the control of the Republican party, included in her delegation Robert T. Van Horn, a Pennsylvanian by birth, who had borne a conspicuous part in the contest with the disloyal elements of the State of his adoption; and John Hogan, a genial Irish Democrat from the St. Louis District. The Michigan delegation was the same as in the Thirty-eighth Congress, with the exception of Thomas W. Ferry, who now entered for the first time, and Roland E. Trowbridge, who had served in the Thirty-seventh Congress. The Iowa delegation was the same as in the Thirty-eighth Congress,—a very able body of men with growing influence in the House. The Wisconsin delegation was also in large part the same. But the new members were men of note. Among them were Halbert E. Paine and Philetus Sawyer. General Paine had served with distinction in the war and had lost a leg in battle. He was a lawyer in full practice, a man of the highest integrity, without fear and without reproach. Born in the Western Reserve, he was radical in his views touching the slavery question and progressive in all matters of governmental reform.—Philetus Sawyer was a native of Vermont, who, when a young man, had emigrated to Wisconsin. Without early advantages, either of education or fortune, he was in the best sense of the phrase a self-made man. He engaged in the business of lumbering and by sagacity had acquired wealth. It is easy to supply superlatives in eulogy of popular favorites; but Mr. Sawyer, in modest phrase, deserves to be ranked among the best of men,—honest, industrious, generous, true to every tie and to every obligation of life. He remained for ten years in the House, with constantly increasing influence, and was afterward promoted to the Senate. California sent an excellent delegation—McRuer, Higby, and Bidwell; and West Virginia contributed a valuable member in the person of Chester D. Hubbard.

The members of the House had been elected in 1864—borne to their seats by the force of the same popular expression that placed Mr. Lincoln in the Presidential chair for a second term. It is scarcely conceivable that had Mr. Lincoln lived any serious differences could have arisen between himself and Congress respecting the policy of reconstruction. The elections of 1865, held amid the shouts of triumph over a restored union, went by default in favor of the Republicans, who were justly credited with the National victory so far as any one political party was entitled to such honor. The people had therefore given no expression, in any official or registered form, touching the policy outlined by Mr. Johnson. He was the duly-elected Vice-President. He had come to the magistracy in presumed sympathy and close affiliation with the Republicans whose suffrages he had received. All beyond these facts was surmise or inference. No one knew any thing with precision respecting the new President's intentions.

He undoubtedly had control of an enormous public patronage. The Peace establishment of the Army, it was thought at that time, would not be less than seventy-five regiments, and this, with the necessary staff, would give to him the appointment of nearly two thousand officers without disturbing the commissions of those already in the regular service. A like increase was expected in the naval establishment. The internal-revenue system, devised for the support of the war, was all-pervasive in its character, and required for its administration a great number of officers and agents, all removable and appointable at the pleasure of the Executive. The customs' service was correspondingly large, having grown immensely during the war. In proportion to the population of the country there never had been, there has never since been, and perhaps there will never again be, so vast an official patronage placed at the absolute disposal of the President.

Public opinion, which has in later years tended to restrain the Executive Department from the personal use of the patronage of the Government, did not at that time exert a perceptible influence in this direction. The maxim originating with William L. Marcy, but frequently attributed to President Jackson, that "to the victor belong the spoils," was then held in full honor; and though it was deprecated by many and openly opposed in Congress by a few, it was acquiesced in by the vast majority and was the rule and practice of the National Administration. The patronage placed a formidable weapon in the hands of the President which could be so used as to annoy or help every Republican representative in Congress,—so used, indeed, as to prevent the election of many who were peculiarly offensive to Mr. Johnson. He had been reared in the Democratic school of proscription, and had measured the force and indulged in the use of patronage throughout all his political life in Tennessee. Though a man of the strictest personal integrity, he had apparently no scruples on this subject, but believed that the patronage of the Government might be honestly used to build up his own political power. When he entered political life he imbibed this doctrine from the teachings of President Jackson; he afterwards received its advantage under Van Buren; he aided in its enforcement under Polk; and when a senator, during the Administration of Buchanan, he witnessed its prodigious power in the overthrow of Douglas as a Presidential candidate, though a large majority of the rank and file of his party desired his nomination. While the Democratic masses were, in fact, clamorous for Douglas, he was defeated by combinations brought about through the active instrumentality of United-States district attorneys, collectors, marshals, and their deputies—all acting, as they had good reason to know, in harmony with the wishes of the Administration from whose favor they had received their places.

The Republicans of the loyal States, whose convictions and whose prejudices were strongly developed by the controversy between the President and Congress, had grave apprehensions as to the ultimate issue. At various times during the fifteen years preceding the war, they had seen men of strong anti-slavery professions, with strong anti-slavery constituencies, "palter in a double sense" when intrusted with the duties of a representative in Congress, and fall from the faith, influenced by what were termed the blandishments of power, or as was sometimes more plainly said, corrupted by the gifts of patronage. They had seen this results brought about by an Administration which the tempted and yielding representatives had been specially chosen to oppose. They had now double ground to fear that many more would prove treacherous to their professions of principle, since they could take refuge under the protection of an Administration chosen by their own party and still nominally professing to be Republican. The magnitude of the patronage at the President's disposal intensified the popular alarm; and the promptness with which a large proportion of those holding office echoed the President's sentiments and defended his policy, was taken as a signal that acquiescence therein would be the one condition upon which the honors and emoluments of public place could be enjoyed.

The great mass of loyal Republicans had descried a peculiar danger in the gentle, persuasive, insinuating words with which the President, in his annual message, sought to commend his policy. Phrasing of a specious type can deceive an individual far more easily that it can deceive a multitude of men. The quick comprehension of the people so far transcends that of a single person as to amount almost to the possession of a sixth sense. While the single person might be misled by fallacious statements and suppressions of truth by the President, the people discerned with keen precision the absolute facts of the case. They saw that the policy of the President was at war with the creed and the spirit of the Republican party, and that, if carried into effect, the legitimate fruits of the bloody struggle which had afflicted the Nation would be lost to posterity, the laws of humanity would be violated, and a fresh rebellion against National authority would be invited. The ancient maxim, that the voice of the people is the voice of God, is illogical in its direct statement, and like all adages it covers both a truth and an untruth. Its truth was now signally vindicated, when, against the authority of those in high places, against the instruction of those who had always before been trusted, the mass of the Republican party stood with heroic firmness for what they believed to be right. They stood against the seductions of patronage in the hands of the President whom they had elected, and against the eloquent pleadings of the Secretary of State who for ten years before the war had been their sagacious guide, their profound philosopher, their trusted friend.

It was this common instinct and prompt expression by the people which rescued Congress from the danger of injurious complication. The first test in the Senate, as to the solidity of the Republican party, was made on the 12th of December, when the resolution to form a select committee of reconstruction, passed by the House on the first day of the session, came up for consideration. It was amended on the motion of Mr. Anthony, by striking out that portion of it which provided that no member should be received into either House from the so-called Confederate States until the report of the committee was received and acted upon. This was held to impinge on the power of each House to be the judge of its own elections, and was expunged by general consent. On the propriety of the resolution thus amended a brief debate occurred, which to a certain extent enabled senators to define their position; and before it was concluded it was made evident that Mr. Cowan of Pennsylvania, Mr. Dixon of Connecticut, and Mr. Doolittle of Wisconsin, would separate from the mass of their Republican associates, would support the reconstruction policy of the President, and would ultimately become merged in the Democratic party. Mr. Norton of Minnesota not long afterwards became one of the supporters of the President, making a net loss of four to the Republican side of the chamber. The Senate, at that time, contained fifty members, twenty-five States being represented. Of this number the Democrats had but eleven. The loss of four still left the Republicans in possession of more than two-thirds of the seats in the Senate. The House had even a larger proportion of Republican members. These facts were destined to exert a wide and then unforseen influence upon the legislation of Congress and upon the political affairs of the country.

The House concurred promptly in the amendment which the Senate had made to the resolution providing for a joint committee on the subject of Reconstruction. It is not often that such solicitude is felt in Congress touching the membership of a committee as was now developed in both branches. It was foreseen that in an especial degree the fortunes of the Republican party would be in the keeping of the fifteen men who might be chosen. The contest, predestined and already manifest, between the President and Congress might, unless conducted with great wisdom, so seriously divide the party as to compass its ruin. Hence the imperious necessity that no rash or ill-considered step should be taken. Both in Congress and among the people the conviction was general that the party was entitled to the services of its best men. There was no struggle among members for positions on the committee; and when the names were announced they gave universal satisfaction to the Republicans. There was some complaint by the Democrats that they had only one representative upon the committee in the Senate and two in the House, but the relative strength of parties in both branches scarcely justified a larger representation of the minority.(1)