History of the Thirty-Ninth Congress of the United States Part 45

On the 13th of February the discussion was continued. "That the spirit of rebellion still lives," said Mr. Van Horn, of New York, "and now thrives in the South no sane man can deny; that the determination exists to make their rebellion honorable and the loyalty of the South a lasting disgrace and a permanent badge of dishonor is equally true and can not be denied. The leaders of the rebellion, being in power in all the ten States unreconstructed, still defy the authority of the United States to a great extent, and deny the-power of the loyal millions of the country, who have saved our nation's life against their treason and rebellion, to prescribe terms of settlement of this great controversy, and deny also that they have lost any rights they had before the war or committed any treason against the Government."

The measure before the House, as it came from the Committee on Reconstruction, "was not intended as a reconstruction bill," according to the interpretation of Mr. Stevens. "It was intended simply as a police bill to protect the loyal men from anarchy and murder, until this Congress, taking a little more time, can suit gentlemen in a bill for the admission of all those rebel States upon the basis of civil government."

The various amendments proposed were designed by their authors to add a plan of reconstruction to the pending bill. Of these Mr. Boutwell remarked: "Without examining into the details of the amendments, I have this to say, that any general proposition for the restoration of these States to the Union upon any basis not set forth in an act of Congress is fraught with the greatest danger to future peace and prosperity of the republic."

The amendments of Mr. Bingham and Mr. Blaine were finally combined by their authors. The combination made an amendment providing that the "States lately in insurrection" should be restored and relieved of military rule upon their ratification of the Const.i.tutional Amendment and adoption of impartial suffrage. In order to "disentangle what seemed so much entangled," it was moved that the bill be recommitted to the Judiciary Committee, with instructions to report back immediately the amendment of Messrs. Blaine and Bingham.

Mr. Stevens then addressed the House, premising that in his state of health a few words must suffice. He felt a moral depression in viewing the condition of the party responsible for the doings of Congress.

"For the last few months," said he, "Congress has been sitting here, and while the South has been bleeding at every pore, Congress has done nothing to protect the loyal people there, white or black, either in their persons, in their liberty, or in their property."

Of his previous bill, which had been consigned to its tomb in being referred to the Committee on Reconstruction, Mr. Stevens said: "I thought it was a good bill; I had labored upon it in conjunction with several committees of loyal men from the South for four months; I had altered and realtered it, written and rewritten it four several times, and found that it met the approbation of numerous societies and meetings in all the Southern States. It was, therefore, not altogether my fault if it was not so good a bill as might be found; but I did think that, after all, it was uncivil, unjust, indecent not to attempt to amend it and make it better, to see whether we could do something to enable our friends in the Southern States to establish inst.i.tutions according to the principles of republican government."

Mr. Stevens deprecated a disposition among his friends to be hypercritical in relation to mere verbal details. "If I might presume upon my age," said he, "without claiming any of the wisdom of Nestor, I would suggest to the young gentlemen around me that the deeds of this burning crisis, of this solemn day, of this thrilling moment, will cast their shadows far into the future and will make their impress upon the annals of our history, and that we shall appear upon the bright pages of that history just in so far as we cordially, without guile, without bickering, without small criticisms, lend our aid to promote the great cause of humanity and universal liberty."

The question being taken on the motion to refer to the Committee on the Judiciary, it was decided in the negative--yeas, 69; nays, 94. The question was then taken on the pa.s.sage of the bill. It pa.s.sed the House--one hundred and nine voting in the affirmative, and fifty-five in the negative.

"I wish to inquire, Mr. Speaker," said Mr. Stevens, "if it is in order for me now to say that we indorse the language of good old Laertes, that Heaven rules as yet, and there are G.o.ds above."

At the evening session of the Senate on the same day, the bill "to provide for the more efficient government of the insurrectionary States" was announced as having pa.s.sed the House, and at once received its first reading. Mr. Williams gave notice of his intention to propose an amendment, but on the following day, when the Senate proceeded to consider the subject, he said that being impressed with the necessity of the pa.s.sage of the bill, and fearing that any amendment might endanger if not defeat it, he had concluded not to present his amendment.

Mr. Johnson said that the adoption of the amendment would make the bill much less objectionable to him, although he could not vote for it even if amended. He then offered the amendment, which was substantially the same as that proposed by Messrs. Bingham and Blaine in the House of Representatives.

Mr. Stewart regretted that the Senator from Oregon had changed his mind in regard to this amendment. "The military bill without that,"

said he, "is an acknowledgment that, after two years of discussion and earnest thought, we are unable to reconstruct, and are compelled to turn the matter over to the military. It seems to me that the people of the United States want and demand something more than a military government for the South."

Several Senators thought Mr. Stewart was unnecessarily troubled about military governments in the South. "Are we," asked Mr. Morrill, "who have stood here for five long, b.l.o.o.d.y years, and witnessed the exercise of military power over these rebel States, to be frightened now by a declaration of that sort? That is not the temper in which I find myself to-day. I have got so accustomed, if you please, to the exercise of this authority----"

"That is the trouble," said Mr. Stewart.

"That has not been our trouble that we have exercised power," said Mr.

Morrill; "that has been the salvation of the nation. The trouble has been from the hesitation to exercise authority when authority was required."

Mr. Wilson thought that the wisest course would be to pa.s.s the bill just as it came from the House. If it was to be amended at all, he would propose an amendment that all citizens should "equally possess the right to pursue all lawful avocations and receive the equal benefits of the public schools."

"I think the amendments," said Mr. Howard, "entirely incompatible with the scheme and provisions of the bill itself, and that gentlemen will discover that incompatibility on looking into it."

Mr. Henderson thought that the remedy proposed by him long before would be found the only cure for the ills of the nation. "I offered,"

said he, "twelve months ago, a proposition, as a const.i.tutional amendment, that was to give political rights to the negroes. Some Senators said it was a humbug, that it was Jacob Townsend's Sarsaparilla, or some thing to that effect, that it would amount to nothing. Now, I will ask what other protection can you give to a Union man in the Southern States than the ballot?"

Since the bill must be pa.s.sed both Houses and go to the President by the following Tuesday, in order to give Congress time to pa.s.s it over his veto, Mr. Williams, who had the bill in charge, was desirous of having it pa.s.sed upon in the Senate on the evening of the day of this discussion, February 15th. Several Senators protested against this as unreasonable haste. "It is extraordinary," said Mr. Doolittle, "that a bill of this kind, that proposes to establish a military despotism over eight million people and a country larger than England, France, and Spain combined, is to be pressed to a vote in this Senate the first day it is taken up for consideration."

"If the measure will not bear argument," said Mr. Hendricks, "then let it be pa.s.sed in the dark hours of the night. I think it is becoming, when despotism is established in this free land, that the best blood that ever ran in mortal veins was shed to make free, that that despotism shall be established when the sun does not shed its bright light upon the earth. It is a work for darkness and not for light."

"He talks about establis.h.i.+ng a despotism," said Mr. Henderson, "and gets into a perfect fret about it. Why, sir, the Southern States have presented nothing but a despotism for the last six years. During the rebel rule it was a despotism, the veriest despotism ever established upon earth; and since the rebel rule ceased, the President of the United States certainly has governed the Southern States without ever consulting Congress on the subject."

The Senate held an evening session for the consideration of this bill.

Mr. Hendricks proposed to modify the pending amendment so as to provide for impartial rather than universal suffrage. He thought that States should be allowed to limit suffrage. Mr. Saulsbury would not vote for this amendment because he was unwilling to "touch, taste, or handle the unclean thing." On the other hand, Mr. Davis could vote for it because he preferred a "little unclean thing" to "a big one." Mr.

Hendricks finally withdrew his amendment.

Mr. Doolittle hoped that the majority would seriously weigh this question because on it might depend whether the people of the South would accept the Const.i.tutional Amendment, and accept the proposition necessary to get rid of military despotism.

"Make them," said Mr. Wilson.

"I ask," said Mr. Doolittle, "if that is the true language of a statesman, to say to a people who have been educated in the largest liberty, a people in whose veins the Anglo-Saxon blood is flowing, which for a thousand years has been fighting against despotism of every form, 'You must accept this position at the point of the bayonet, or forever live with the bayonet at your throats?' Is that the way to make peace?"

"I think it is statesmans.h.i.+p," replied Mr. Wilson, "to settle this question of reconstruction upon the solid basis of the perfect equality of rights and privileges among citizens of the United States.

Colored men are citizens, and they have just as much right as this race whose blood has been fighting against oppression for a thousand years, as he says, and any settlement of this civil war upon any other basis than perfect equality of rights and privileges among citizens of the United States is not statesmans.h.i.+p; it is mere trifling; only keeping open questions for future controversy. Nothing is settled unless it is settled upon the basis of justice."

"I shall vote for this amendment," said Mr. Lane, "believing that it is necessary to make a perfect system for the restoration of the lately rebellious States."

"The amendment," said Mr. Johnson, "is objectionable to me only upon the ground that it denies to those States the right of coming into the Union ent.i.tled to representation until they extend the suffrage, because I believe the right of suffrage is a matter with which the Congress of the United States has no concern."

"I know perfectly well," said Mr. Buckalew, "that a vote for this amendment, although given under circ.u.mstances which do not commit me to the proposition as a final one, will be misunderstood and perverted. It will be said throughout the country of each of those who stand in the position in which I stand, that we have departed, to some extent at least, from that position which we have hitherto maintained, and maintained against all the influences of the time, against the pressure of circ.u.mstances which have swept many from our side and carried them into the large and swollen camp of the majority. Sir, I for one am ambitious of being known as one among that number of men who have kept their faith, who have followed their convictions, who have obeyed the dictation of duty in the worst of times, who did not bend when the storm beat hardest and strongest against them, but kept their honor unsullied, their faith intact, their self-respect unbroken and entire."

"My object is," said Mr. Henderson, when proposing to modify the pending amendment, "to secure the franchise, and after that is secured, to go forward and establish civil governments in the Southern States."

Extended arguments against the measure were made by Mr. Johnson and Mr. Hendricks. At twelve o'clock the minority desired to adjourn, and the friends of the measure would have been willing to do so could an understanding have been had as to an hour on the following day when the vote would be taken.

Mr. McDougall would submit to no such-limitation upon free speech. "I do not expect myself," said he, "to speak at any great length, but yet if upon careful consideration I should choose to do so, or if possessing the recollections of past times and memories and reasons and considerations that yet lay in my hidden memories I shall choose to talk for a longer period, I shall claim the right to do so."

"I am anxious to give my views on this subject," said Mr. Davis. "I do not feel able to give them at this late hour of the night; still, I believe I could hang on for three or four hours if I was disposed to do so, [laughter,] but I believe that to-morrow I should not occupy more than at the farthest two hours of the time of the Senate."

Numerous amendments were proposed, much discursive talk was indulged in, and many motions to adjourn were voted down. At length, three o'clock of Sat.u.r.day morning, February 16th, having arrived, an adjournment was brought about by means of a very long amendment proposed by Mr. Henderson as a subst.i.tute for the entire bill. This opening up a new discussion, the friends of the pending bill saw the impossibility of coming to a speedy vote, and consented to an adjournment.

On the rea.s.sembling of the Senate on Sat.u.r.day, February 16th, Mr.

Doolittle delivered a very long speech in opposition to the bill, and in vindication of his political course which had been called in question by the "Radicals of Wisconsin." "I rise," said he, "to plead for what I believe to be the life of the republic, and for that spirit which gives it life. I stand here, also, to answer for myself; because, foreseeing and resisting from the beginning what I knew must follow as the logical consequences of the adoption of certain fundamental heresies originating in Ma.s.sachusetts, and of which the honorable Senator upon my right [Mr. Sumner] is the advocate and champion, I have been for more than eighteen months denounced in my State by many of my former political a.s.sociates and friends."

At the evening session of the Senate, Mr. Saulsbury and Mr. Davis delivered extended speeches against the measure. "I appeal to you, sir," said Mr. Saulsbury; "I appeal to those who exercise political power in this country now, by all the memories that cl.u.s.ter around the glorious past; by the recollection of the n.o.ble deeds and heroic sufferings of our ancestors, for you and for me, for your posterity and for my posterity; by all the bright realizations which might be ours in this present hour; by all the bright future and all the glories which are in that immediate future, stop your aggressions upon the Const.i.tution of your country."

The vote having been taken on the amendment proposed by Mr. Johnson and the subst.i.tute of Mr. Henderson, they were both rejected.

Mr. Sherman then offered an amendment in the nature of a subst.i.tute, the preamble of which declared that "No legal State governments or adequate protection for life or property now exist in the rebel States." It retained the military feature of the original bill, with the modification that the President, instead of the General of the army, should appoint district commanders. The most important part of the amendment was a plan of reconstruction, which added a new section to the bill in the following form:

"SEC. 5. _And be it further enacted_, That when the people of any one of said rebel States shall have formed a Const.i.tution of government in conformity with the Const.i.tution of the United States in all respects, framed by a convention of delegates elected by the male citizens of said State twenty-one years old and upward, of whatever race, color, or previous condition of servitude, who have been resident in said State for one year previous to the day of such election, except such as may be disfranchised for partic.i.p.ation in the rebellion, or for felony at common law, and when such Const.i.tution shall provide that the elective franchise shall be enjoyed by all such persons as have the qualifications herein stated for electors of delegates, and when such Const.i.tution shall be ratified by a majority of the persons voting on the question of ratification who are qualified as electors of delegates, and when such Const.i.tution shall have been submitted to Congress for examination and approval, and Congress shall have appointed the same, and when said State, by a vote of its Legislature elected under said Const.i.tution, shall have adopted the amendment to the Const.i.tution of the United States proposed by the Thirty-ninth Congress, and known as article fourteen, and when said article shall have become a part of the Const.i.tution of the United States, said State shall be declared ent.i.tled to representation in Congress, and Senators and Representatives shall be admitted therefrom on their taking the oath prescribed by law, and then and thereafter the preceding sections of this act shall be inoperative in said State."

Mr. Sherman made a brief speech in explanation of the bill. "All there is material in the bill," said he, "is in the first two lines of the preamble and the fifth section, in my judgment. The first two lines may lay the foundation, by adopting the proclamation issued first to North Carolina, that the rebellion had swept away all the civil governments in the Southern States; and the fifth section points out the mode by which the people of those States, in their own manner, without any limitations or restrictions by Congress, may get back to full representation in Congress."

After numerous propositions to amend, and speeches against the bill by Messrs. Hendricks, Cowan, Buckalew and McDougall, the Senate reached a vote upon the bill at six o'clock on Sunday morning. Twenty-nine voted in the affirmative, namely:

Messrs. Anthony, Brown, Cattell, Chandler, Conness, Cragin, Creswell, Fogg, Frelinghuysen, Grimes, Howard, Howe, Kirkwood, Lane, Morgan, Morrill, Poland, Pomeroy, Ramsey, Ross, Sherman, Stewart, Trumbull, Van Winkle, Wade, Willey, Williams, Wilson, and Yates.

Ten voted in the negative, to-wit:

Messrs. Buckalew, Cowan, Davis, Doolittle, Hendricks, McDougall, Nesmith, Norton, Patterson, and Saulsbury.

The Senate amended the t.i.tle of the bill by subst.i.tuting the word "rebel" for "insurrectionary." Thus pa.s.sed in the Senate the great measure ent.i.tled "A bill to provide for the more efficient government of the rebel States."

On Monday, February 18th, the bill, as amended, came before the House.