History of the Thirty-Ninth Congress of the United States

by William Horatio Barnes

After the reading of this resolution, Mr. Grider, of Kentucky, a member of the Committee of Fifteen, offered the following minority report:

"The minority of the Committee on Reconstruction, on the part of the House, beg leave to report that said committee have directed an inquiry to be made as to the condition and loyalty of the State of Tennessee. There has been a large amount of evidence taken, some part of it conducing to show that at some localities occasionally there have been some irregularities and temporary disaffection; yet the main direction and weight of the testimony are ample and conclusive to show that the great body of the people in said State are not only loyal and willing, but anxious, to have and maintain amicable, sincere, and patriotic relations with the General Government. Such being the state of the facts, and inasmuch as under the census of 1860 Congress passed a law which was approved in 1863, fixing the ratio and apportioning to Tennessee and all the other States representation; and inasmuch as Tennessee, disavowing insurrectionary purposes or disloyalty, has, under the laws and organic law of said State, regularly elected her members and Senators to the Congress of the United States, in conformity to the laws and Constitution of the United States, and said members are here asking admission; and inasmuch as the House by the Constitution is the 'judge of the election, returns, and qualification of its members,' considering these facts and principles, we offer the following resolution, to-wit:

"Resolved, That the State of Tennessee is entitled to representation in the Thirty-ninth Congress, and the Representatives elected from and by said State are hereby admitted to take their seats therein upon being qualified by oath according to law."

Mr. Stevens then said: "Having heard an ingenious speech upon that side of the question, and not intending to make any speech upon this side, as I hope our friends all understand a question which has agitated not this body only, but other portions of the community, I propose to ask for the question. I think I may say without impropriety, that until yesterday there was an earnest investigation into the condition of Tennessee, to see whether by act of Congress we could admit that State to a condition of representation here, and admit its members to seats here; but since yesterday there has arisen a state of things which the committee deem puts it out of their power to proceed further without surrendering a great principle; without the loss of all their dignity; without surrendering the rights of this body to the usurpation of another power. I call the previous question."

Strenuous efforts were made by the Democratic minority to defeat the proposed joint resolution by means of "dilatory motions." Repeated motions were made to adjourn, to excuse certain members from voting, and to call the House, on all of which the yeas and nays were called. This "parliamentary tactics" consumed many hours. The minority seemed resolved to make the passage of the resolution a question of physical endurance. In reply to a proposition of Mr. Eldridge, of the minority, that they would allow business to proceed if debate should be allowed, Mr. Stevens said: "It is simply the return of the rebels of 1861. I sat thirty-eight hours under this kind of a fight once, and I have no objections to a little of it now. I am ready to sit for forty hours."

Late in the evening, a member of the minority proposed that the House should take a recess for an hour, that the door-keeper might have the hall fitted up as a dormitory. From indications, he thought such accommodations would be necessary. At length, Mr. Eldridge said: "We know our weakness and the strength and power of the numbers of the majority. We have not had the assistance which we expected from the other side of the House in our effort to obtain the privilege of debating the resolution. We know perfectly well that it has become a question of physical endurance. We know perfectly well that we can not stand out against the overpowering majority of this House any great length of time. We know if the majority will it, the resolution will pass without debate. We have done all we could. We therefore yield to that power, and throw the responsibility of this most extraordinary, this most revolutionary measure, upon the majority of the House."

To this Mr. Stevens answered: "The gentlemen accept their situation just as Jeff. Davis did his—because they can not help it. [Laughter.] I confess, sir, for so small a number, they have made a most venomous fight."

The vote was then taken upon the concurrent resolution, which passed the House—yeas, 109; nays, 40.

The hopes which had arisen in the minds of the minority that a considerable number of Republicans would permanently separate themselves from the party that elected them, and adhere to the policy and fortunes of the President, were disappointed. The imprudence of the President himself, in making his unfortunate speech of the 22d of February, tended to unite the Republicans in Congress against his policy, and render fruitless the efforts of his new Democratic friends in his favor.

On the 23d of February, Mr. Fessenden proposed that the pending constitutional amendment should give way, to enable the Senate to consider the concurrent resolution passed by the House concerning the representation of the Southern States.