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

Even before the announcement of the names a great number of resolutions were offered in the House, intended to call forth expressions of opinion that should operate as instructions to the new committee, but none of them were of marked importance, except one indicating the pronounced divergence of the two parties regarding the mode of reconstruction. Each political party, in such parliamentary declarations, seeks to get the advantage of the other and each is in the habit of overrating the importance of expressions in this form. They are diligently contrived for catches and committals to be subsequently used in political campaigns, but it may well be doubted whether they ever produce substantial effect upon legislation or prove either gainful or hurtful in partisan contests. The practice is somewhat below the dignity of a legislative body, has never been resorted to in the Senate and might with great advantage be abandoned by the House.

The debate on Reconstruction, perhaps the longest in the history of National legislation, was formally opened by Mr. Thaddeus Stevens on the 18th of December (1865). He took the most radical and pronounced ground touching the relation to the National Government of the States lately in rebellion. He contended that "there are two provisions in the Constitution, under one of which the case must fall." The Fourth Article says that "new States may be admitted by the Congress into this Union." "In my judgment," said Mr. Stevens, "this is the controlling provision in this case. Unless the law of Nations is a dead letter, the late war between the two acknowledged belligerents severed their original contracts and broke all the ties that bound them together. The future condition of the conquered power depends on the will of the conqueror. They must come in as new States or remain as conquered provinces." This was the theory which Mr. Stevens had steadily maintained from the beginning of the war, and which he had asserted as frequently as opportunity was given in the discussions of the House. He proceeded to consider the probable alternative. "Suppose," said he, "as some dreaming theorists imagine, that these States have never been out of the Union, but have only destroyed their State governments, so as to be incapable of political action, then the fourth section of the Fourth Article applies, which says, 'The United States shall guarantee to every State in this Union a republican form of government.'" "But," added he, "who is the United States? Not the Judiciary, not the President; but the sovereign power of the people, exercised through their representatives in congress, with the concurrence of the Executive. It means political government—the concurrent action of both branches of Congress and the Executive." He intended his line of debate to be an attack, at the very beginning, upon the assumption of the President in his attempt at Reconstruction. "The separate action of the President, or the Senate or the House," added Mr. Stevens, "amounts to nothing, either in admitting new States or guaranteeing republican forms of government to lapsed or outlawed States." "Whence springs," asked he, "the preposterous idea that any one of these, acting separately, can determine the right of States to send representatives or senators to the Congress of the Union?"

Though many others had foreseen and appreciated the danger, Mr. Stevens was the first to state in detail the effect which might be produced by the manumission of the slaves upon the Congressional representation of the Southern States. He pointed out the fact that by counting negroes in the basis of representation, the number of representatives from the South would be eighty-three; excluding negroes from the basis of representation, they would be reduced to forty-six; and so long as negroes were deprived of suffrage he contended that they should be excluded from the basis of representation. "If," said he, "they should grant the right of suffrage to persons of color, I think there would always be white men enough in the South, aided by the blacks, to divide representation and thus continue loyal ascendency. If they should refuse to thus alter their election laws it would reduce the representation of the late slave States, and render them powerless for evil." Mr. Stevens's obvious theory at that time was not to touch the question of suffrage by National interposition, but to reach it more effectively perhaps by excluding the entire colored population from the basis of Congressional representation, until by the action of the Southern States themselves the elective franchise should be conceded to the colored population. As he proceeded in his speech, Mr. Stevens waxed warm with all his ancient fire on the slavery question. "We have," said he, "turned or are about to turn loose four million slaves without a hut to shelter them or a cent in their pockets. The diabolical laws of slavery have prevented them from acquiring an education, understanding the commonest laws of contract, or of managing the ordinary business of life. This Congress is bound to look after them until they can take care of themselves. If we do not hedge them around with protecting laws, if we leave them to the legislation of their old masters, we had better have left them in bondage. Their condition will be worse than that of our prisoners at Andersonville. If we fail in this great duty now when we have the power, we shall deserve to receive the execration of history and of all future ages."

In conclusion Mr. Stevens declared that "Two things are of vital importance: first, to establish a principle that none of the rebel States shall be counted in any of the Amendments to the Constitution, until they are duly admitted into the family of States by the law-making power of their conqueror; second, it should now be solemnly declared what power can revive, re-create and re-instate these provinces into the family of States and invest them with the rights of American citizens. It is time that Congress should assert the sovereignty and assume something of the dignity of a Roman Senate." He denounced with great severity the cry that "This is a white man's Government." "If this Republic," said he with great earnestness, "is not now made to stand on solid principle, it has no honest foundation, and the Father of all men will still shake it to its centre. If we have not yet been sufficiently scourged for our national sin to teach us to do justice to all God's creatures, without distinction of race or color, we must expect the still more heavy vengeance of an offended Father, still increasing his afflictions, as he increased the severity of the plagues of Egypt until the tyrant consented to do justice, and when that tyrant repented of his reluctant consent and attempted to re-enslave the people, as our Southern tyrants are attempting to do now, he filled the Red Sea with broken chariots and drowned horses, and strewed the shore with the corpses of men. Sir, this doctrine of a white man's Government is as atrocious as the infamous sentiment that damned the late Chief Justice to everlasting fame, and I fear to everlasting fire."

The speech of Mr. Stevens gave great offense to the Administration. He had not directly assailed the President by name, and had even assumed to construe one of the paragraphs of the message as referring the question of reconstruction anew to Congress; but this assumption was simply for effect and was well known by Mr. Stevens to be unfounded. The Administration did not misapprehend the drift and intention of Mr. Stevens, and its members saw that it was the first gun fired in a determined war to be waged against its policy and its prestige. They were especially anxious that its defense should not be undertaken by Democrats, or at least that Democrats should not take the lead in defending it. Mr. Stevens spoke on the 18th of December, and Congress had already voted to adjourn on the 21st for the Christmas recess. The Administration desired the Mr. Stevens's speech should not be permitted to go unanswered to the country and thus hold public attention until Congress should re-assemble in January. It was important that some response be made to it at once; and Mr. Henry J. Raymond, widely known to the political world but now in Congress for the first time, was selected to make the reply.

In a political career that was marked by many inconsistencies, as consistency is measured by the party standard, with a disposition not given to close intimacies or warm friendships, Mr. Raymond had continuously upheld the public course of Mr. Seward, and had maintained a singular steadiness of personal attachment to the illustrious statesman from New York. On the other hand, he was the rival of Horace Greeley in the field of journalism and had become personally estranged from the founder of the Tribune; though in his early manhood he had been one of his editorial assistants. The fact that the Tribune was against the Administration would of itself dispose Mr. Raymond to support it. But aside from this consideration, the chivalric devotion of Mr. Raymond to Mr. Seward would have great weight in determining his position in the pending conflict. Mr. Seward's committal to the policy and the assault upon it by the New-York Tribune would therefore through affection on the one side and prejudice on the other, naturally fix Mr. Raymond's position. He had acquired wide and worthy fame as conductor of the New-York Times, had achieved a high reputation as a polemical writer, was well informed on all political issues and added to his power with the pen the gift of ready and effective speech.

On the twenty-fist day of December, the last day before the recess, Mr. Raymond, desiring the floor, was somewhat chagrined to find himself preceded by Mr. Finck of Ohio, a respectable gentleman of the Vallandingham type of Democrat,—representing a political school whose friendship to the Administration at that time was a millstone about its neck. Mr. Raymond followed Mr. Finck late in the day, and could not help showing his resentment that the ground which the Administration intended to occupy should be so promptly pre-empted by the anti-war party of the country. "I have," said Mr. Raymond at the opening of his speech, "no party feeling which would prevent me from rejoicing in the indications apparent on the Democratic side of the House, of a purpose to concur with the loyal Administration of the Government and with the loyal majorities in both Houses of Congress in restoring peace and order to our common country. I cannot, however, help wishing, sir, that these indications in the preservation of our Government had come somewhat sooner. I cannot help feeling that such expressions cannot now be of as much use to the country as they might once have been. If we could have had from that side of the House such indications of an interest in the preservation of the Union, such heartfelt sympathy with the friends of the Government for the preservation of the Union, such hearty denunciations for all those who were seeking its destruction, while the war was raging, I am sure we might have been spared some years of war, some millions of money and rivers of blood and tears." This utterance was sharpened and made significant by the manner and by the accent of Mr. Raymond. No more pointed rebuke, no more keen reproach (not intended for Mr. Finck personally, but for his party) could have been administered. What the Administration or especially what Mr. Seward desired, and what Mr. Raymond was to speak for, was Republican support; and the prior indorsement of Mr. Johnson's position by the Democracy was a hinderance and not a help to the cause he had espoused.

Mr. Raymond's principal aim was to join issue with Mr. Stevens on his theory of dead States. "The gentleman from Pennsylvania," said Mr. Raymond, "believes that what we have to do is to create new States out of this conquered territory, at the proper time, many years distant, retaining them meanwhile in a territorial condition, and subjecting them to precisely such a state of discipline and tutelage as Congress and the Government of the United States may see fit to prescribe. If I believed in the premises he assumes, possibly though I do not think probably, I might agree with the conclusion he has reached; but, sir, I cannot believe that these States have ever been out of the Union or that they are now out of the Union. If they were, sir, how and when did they become so? By what specific act, at what precise time, did any one of those States take itself out of the American Union? Was it by the ordinance of secession? I think we all agree that an ordinance of secession passed by any State of the Union is simply a nullity because it encounters the Constitution of the United States which is the supreme law of the land.

"Did the resolutions of those States," continued Mr. Raymond, "the declarations of their officials, the speeches of the members of their Legislatures, or the utterances of their press, accomplish the result desired? Certainly not. All these were simply declarations of a purpose to secede. Their secession, if it ever took place, certainly could not date from the time when their intention to secede was first announced. They proceeded to sustain their purpose of secession by arms against the force which the United States brought to bear against them. Were their arms victorious? If they were, then their secession was an accomplished fact. If not, it was nothing more than an abortive attempt—a purpose unfulfilled. They failed to maintain their ground by force of arms. In other words, they failed to secede."

Mr. Raymond's speech was listened to with profound attention, and evoked the high compliment of frequent interruptions from leading men on the Republican side of the House. Messrs. Schenck, Bingham and Spalding of Ohio, Mr. Jenckes of Rhode Island, and Mr. Kelley of Pennsylvania, all put pointed questions and were at once answered with undoubted tact and cleverness. Mr. Raymond was helped to a specious point by Mr. Niblack of Indiana, of which he made prompt and vigorous use, to the effect that the theory of Mr. Stevens, if carried to its legitimate consequences, would make those who resisted the Confederacy in the insurrectionary states guilty of treason to that power; and that therefore "we would be unable to talk of loyal men in the South. Loyal to what? Loyal to a foreign and independent power, which the gentleman from Pennsylvania was really maintaining the Confederacy for the time being to represent."