History of the Thirty-Ninth Congress of the United States

by William Horatio Barnes

"When any man," replied Mr. Grinnell—"I care not whether he stands six feet high, whether he wears buff and carries the air of a certain bird that has a more than usual extremity of tail, wanting in the other extremity—says that he would not believe what I utter, I will say that I was never born to stand under an imputation of that sort.

"The gentleman begins courting sympathy by sustaining the President of the United States preparatory to his assault upon me. Now, sir, if he is a defender of the President of the United States, all I have to say is, God save the President from such an incoherent, brainless defender, equal in valor in civil and in military life. His military record—who has read it? In what volume of history is it found?"

Mr. Rousseau determined to resent the insult which he conceived to be offered him in this speech by inflicting a bodily chastisement upon Mr. Grinnell. On the morning of June 14th, Mr. Rousseau informed a military friend of his purpose of flogging Mr. Grinnell. The person so informed procured a pistol and waited in the capitol until the close of the day's session, in order to be present at the flogging and see "fair play." Two other friends of Mr. Rousseau, also armed with pistols, happened to be present when the scene transpired. While Mr. Grinnell was passing from the House through the east portico of the capitol, he was met by Mr. Rousseau, who, in an excited manner, said, "I have waited four days for an apology for words spoken here upon this floor."

"What of that?" asked Mr. Grinnell.

"I will teach you what of that," said Mr. Rousseau, who then proceeded to strike Mr. Grinnell about the head and shoulders with a rattan, stopping occasionally to lecture him, and saying, "Now, you d——d puppy and poltroon, look at yourself."

After receiving half a dozen blows, Mr. Grinnell exclaimed, "I don't want to hurt you."

"I don't expect you to hurt me, you d——d scoundrel," said Mr. Rousseau, "but you tried to injure me upon the floor of the House. And now look at yourself; whipped here; whipped like a dog, disgraced and degraded! Where are your one hundred and twenty-seven thousand constituents now?"

A committee was appointed to investigate this disgraceful affair. In just one month after the transaction, a report was presented, signed by Messrs. Spalding, Banks, and Thayer, stating the facts in the case, and recommending the expulsion of Mr. Rousseau. They also proposed a resolution to express disapproval of the reflections made by Mr. Grinnell upon the character of Mr. Rousseau. The "views of the minority" were also presented by Messrs. Raymond and Hogan. They recommended that the punishment of Mr. Rousseau should be a public reprimand by the Speaker. After protracted discussion, the House came to a final decision. The motion to expel, requiring two-thirds, failed by a few votes. The motion by which the Speaker was directed to publicly reprimand Mr. Rousseau was carried by a vote of 89 to 30. There were not enough in favor of the motion to disapprove of Mr. Grinnell's remarks to call the ayes and noes. Mr. Rousseau endeavored to evade the execution of the sentence by sending his resignation to the Governor of Kentucky. The House declared that a member could not dissolve his connection with the body under such circumstances, without its consent. On the 21st of July, the execution of the order was of the House having been demanded, Mr. Rousseau appeared at the bar, when the Speaker said, "General Rousseau, the House of Representatives have declared you guilty of a violation of its rights and privileges in a premeditated personal assault upon a member for words spoken in debate. This condemnation they have placed on their journal, and have ordered that you shall be publicly reprimanded by the Speaker at the bar of the House. No words of mine can add to the force of this order, in obedience to which I now pronounce upon you its reprimand."

Early in the second session of the Thirty-ninth Congress, an interesting case came up relating to the privileges and immunities of a member of Congress. Charles V. Culver, Representative of the Twentieth District of Pennsylvania, having been engaged very extensively in banking, made a failure in business. In June, 1866, during the session of Congress, one of his creditors caused his arrest upon a contract for the return of certain bonds and notes alleged to have been lent to him, charging that the debt incurred thereby was fraudulently contracted by Culver. In default of required security, Mr. Culver was committed to jail, where he remained until the 18th of December. Mr. Culver claimed his immunity as a member of Congress, under the clause of the Constitution which provides that Senators and Representatives "shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the sessions of their respective houses, and in going to and returning from the same." The judge decided that the offense fell under the constitutional exception, and was to be regarded as a "breach of the peace." From this remarkable decision an appeal was made to the House of Representatives itself, as "the highest court of the nation, and depository of its supreme authority." The case was referred to the Judiciary Committee, who reported a resolution, unanimously adopted by the House, directing the Speaker to issue his warrant to the Sergeant-at-Arms, commanding him to deliver forthwith Charles V. Culver from the custody of the sheriff and jailor of Venango County, and make return to the House of the warrant, and the manner in which he may have executed the same. The Sergeant-at-Arms proceeded immediately to execute the order of the House, and in a short time the Speaker announced that Mr. Culver was unrestrained in his seat as a member of the Thirty-ninth Congress.

Among the numerous distinguished men who constituted the Thirty-ninth Congress, no one towered so conspicuously above the rest as to be universally recognized and followed as the "leader." This title has been frequently applied to Thaddeus Stevens. He was in many respects the most prominent figure in the Thirty-ninth Congress. His age, his long fidelity to the principles of the Republican party, his uncompromising spirit, and his force of character made him a conspicuous and influential member of the House, but did not cause him to be generally recognized or implicitly followed as a leader.