The first great collision occurred in January, 1876. This first Democratic House since the war was, very naturally, led by Southern members. Many late rebel generals had been sent to it. It was popularly named the Confederate Congress—the rule of rebel brigadiers. Of course, it was not long till they began to propose measures peculiarly favorable to themselves.
When, at the close of the civil war, the Southern States were restored to their right places in the Union, many of their citizens, guilty of treason, had lost their political privileges. By acts of legislation and presidential proclamations, most of these disabilities had been removed. Early in the Forty-Fourth Congress the Amnesty Bill was proposed, extending pardon to all ex-Confederates unconditionally.
It had been the policy of the Government to restore the South completely in this respect, as fast as it was expedient to do so; but this was, as yet, too sweeping a measure. The Republican leaders were opposed to it; and Mr. Blaine proposed an amendment, excepting Jefferson Davis absolutely and by name, and excepting seven hundred and fifty others until they should renounce their treason by taking the oath of allegiance to the United States. The friends of the bill would not except even Davis, and on this point there arose one of the most exciting debates ever held in Congress.
The attack was first made by Mr. Blaine, in the course of a series of sharp thrusts between himself and Samuel J. Randall, of Pennsylvania, who had charge of the bill. Finally the “plumed knight” rushed to the front and dealt his heavy blows. It was a terrible arraignment of the Confederate President, making him responsible for the savage cruelties practiced on Union prisoners. All the horrors of Andersonville and Libby prisons were described. He read the celebrated order “Number Thirteen,” directing rebel guns to be turned on the suffering thousands at Andersonville, on the approach of Sherman. Davis, he said, was a party to these proceedings, and the American people would not, should not sanction any act which made it possible for this man ever again to hold any honorable public position within the gift of his Southern friends.
After Blaine’s speech, the debate was continued by Mr. Cox. Then came Benjamin Hill, of Georgia, and James A. Garfield, of Ohio. Hill took up the charges of Blaine, parried them skillfully without answering them, made counter-charges against the Government in its treatment of rebel prisoners, and, in fine, succeeded in his attempt to overcome the impression made by the Blaine attack. In this emergency, while the whole Democracy was exulting, and Hill was the hero of the hour, all eyes turned towards Garfield, for he promised a reply, and was known to be better able for that task than any other man.
On the next day, January 12, Mr. Garfield was given the floor, and began. After stating his regret that such an unpleasant discussion had arisen, he made a brief review of the situation, and proceeded thus:
“Let me say in the outset that, so far as I am personally concerned, I have never voted against any proposition to grant amnesty to any human being who has asked for it at the bar of the House. Furthermore, I appeal to gentlemen on the other side who have been with me in this hall many years, whether at any time they have found me truculent in spirit, unkind in tone or feeling toward those who fought against us in the late war. Twelve years ago this very month, standing in this place, I said this: ‘I believe a truce could be struck to-day between the rank and file of the hostile armies now in the field. I believe they could meet and shake hands together, joyful over returning peace, each respecting the courage and manhood of the other, and each better able to live in amity than before the war.’
“I am glad to repeat word for word what I said that day. For the purposes of this speech I will not even claim the whole ground which the Government assumed toward the late rebellion. For the sake of the present argument, I will view the position of those who took up arms against the Government in the light least offensive to them.
“Leaving out of sight for the moment the question of slavery, which evoked so much passion, and which was the producing cause of the late war, there were still two opposing political theories which met in conflict. Most of the Southern statesmen believed that their first obedience was due to their State. We believed that the allegiance of an American citizen was due to the National government, not by the way of a State capital, but in a direct line from his own heart to the government of the Union. Now, that question was submitted to the dreadful arbitrament of war, to the court of last resort—a court from which there is no appeal, and to which all other powers must bow. To that dread court the great question was carried, and there the right of a State to secede was put to rest forever. For the sake of peace and union, I am willing to treat our late antagonists as I would treat litigants in other courts, who, when they have made their appeal and final judgment is rendered, pay the reasonable costs and bow to its mandates. Our question to-day is not that, but is closely connected with it. When we have made our argument and the court has rendered its judgment, it may be that in the course of its proceedings the court has used its discretion to disbar some of its counselors for malpractice, for unprofessional conduct. In such a case a motion may be made to restore the disbarred members. Applying this illustration to the present case, there are seven hundred and fifty people who are yet disbarred before the highest authority of the Republic—the Constitution itself. The proposition is to offer again the privileges of official station to these people; and we are all agreed as to every human being of them save one.
“I do not object to Jefferson Davis because he was a conspicuous leader. Whatever we may believe theologically, I do not believe in the doctrine of vicarious atonement in politics. Jefferson Davis was no more guilty for taking up arms than any other man who went into the rebellion with equal intelligence. But this is the question: In the high court of war did he practice according to its well-known laws—the laws of nations? Did he, in appealing to war, obey the laws of war; or did he so violate those laws, that justice to those who suffered at his hands demands that he be not permitted to come back to his old privileges in the Union? That is the whole question; and it is as plain and fair a question for deliberation as was ever debated in this House.”