History of the Thirty-Ninth Congress of the United States Part 51

"The gentleman begins courting sympathy by sustaining the President of the United States preparatory to his a.s.sault upon me. Now, sir, if he is a defender of the President of the United States, all I have to say is, G.o.d 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 chastis.e.m.e.nt 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 pa.s.sing 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 const.i.tuents 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 circ.u.mstances, 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 a.s.sault 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 p.r.o.nounce 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 Const.i.tution 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 const.i.tutional 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 const.i.tuted the Thirty-ninth Congress, no one towered so conspicuously above the rest as to be universally recognized and followed as the "leader." This t.i.tle 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.

In so large a legislative body, composed of so many men of independent thought and action, acknowledging no parliamentary leader, it is remarkable that the wheels of legislation should run so smoothly, and that after all the disagreement in discussion, great results should be at last so harmoniously wrought out. This is partly due to the patriotic spirit which pervaded the minds of its members, inducing them to lay aside minor differences of opinion for the good of that common country for which their const.i.tuents had lately made such tremendous sacrifice. The result is also owing to the parliamentary ability and tact of him who sat patiently and faithfully as Speaker of the House. Deprived by his position of opportunity of taking part in the discussions, which his genius and experience fitted him to ill.u.s.trate, he nevertheless did much to direct the current of legislation which flowed smoothly or turbidly before him. The resolution of thanks to the Speaker, moved by a member of the minority, and pa.s.sed unanimously by the House, was no unmeaning compliment, but was an honor fairly earned and justly paid.

The labor of presiding over the Senate--a much lighter task, owing to the smaller number which composed the body--was faithfully performed by Mr. Foster. His remarks to the Senate on retiring from the chair as President _pro tempore_, and closing a career of twelve years as a member of the body, were most beautiful and impressive.

Benjamin F. Wade, "a Senator from Ohio," having been duly elected President _pro tempore_ of the Senate, took the "iron-clad oath" and a.s.sumed his seat as acting Vice-President of the United States without ostentation or remark.

At twelve o'clock noon of March 4, 1867, the Thirty-ninth Congress closed its existence, handing over its great enactments to the country, and its unfinished business to its successor, which immediately came into life.

BIOGRAPHICAL INDEX OF THE THIRTY-NINTH CONGRESS.

(The numbers appended to the following sketches refer to preceding pages of the book.)

[The names of Republicans are printed in ROMAN; of Democrats in _ITALICS_.]

JOHN B. ALLEY was born in Lynn, Ma.s.sachusetts, January 7, 1817. Having learned the art of shoemaking, he devoted himself to the shoe and leather trade. After having served several years in the City Council of Lynn, he was chosen a member of the Governor's Council in 1851. He was a member of the Ma.s.sachusetts Senate in 1852, and of the State Const.i.tutional Convention held in the following year. In 1858 he was elected a Representative in Congress from Ma.s.sachusetts. He entered upon his fourth Congressional term in 1865 as a member of the Thirty-Ninth Congress; and was succeeded in the Fortieth Congress by General Butler.

WILLIAM B. ALLISON was born in Wayne County, Ohio, March 2, 1829. He was educated at Alleghany College, Pennsylvania, and at Western Reserve College, Ohio. From 1851 to 1857 he practiced law in Ohio, and subsequently settled in Dubuque, Iowa. He was a member of the Chicago Convention of 1860. As a member of the Governor's staff; in 1861, he rendered efficient service in raising troops for the war. In 1862 he was elected a Representative in the Thirty-Eighth Congress, from Ohio.

He was re-elected in 1864, and again in 1866.--527.

OAKES AMES was born in Easton, Ma.s.sachusetts, January 10, 1804. He has devoted most of his life to the business of manufacturing, taking but little public part in politics. Having served for two years as a member of the Executive Council of his State, he was, in 1862, 1864, and 1866, elected a Representative in Congress, from Ma.s.sachusetts.--31.

_SYDENHAM E. ANCONA_ was born in Warwick, Pennsylvania, November 20, 1824. Removing to Berks County, he was, for a number of years, connected with the Reading Railroad Company. In 1860 he was elected a Representative to the Thirty-Seventh Congress from Pennsylvania, and was subsequently returned to the Thirty-Eighth and Thirty-Ninth Congresses. He was succeeded in the Fortieth Congress by _J. Lawrence Getz_.

GEORGE W. ANDERSON was born in Tennessee, May 22, 1832. Having received a liberal education, he adopted the profession of law. In 1853 he settled in Missouri, where he soon after became editor of the "North-East Missourian." In 1858 he was elected to the State Legislature. In 1862 he was chosen a State Senator, and served as such until he was elected a Representative from Missouri to the Thirty-Ninth Congress. He was re-elected to the Fortieth Congress.

HENRY B. ANTHONY was born of Quaker ancestry, at Coventry, Rhode Island, April 1, 1815. He graduated at Brown University in 1833. He became editor of the "Providence Journal" in 1838. He was chosen Governor of Rhode Island in 1849, and served two terms. In 1859 he was elected a Senator in Congress from Rhode Island, and was subsequently re-elected for a second term, which ends in 1871.--36, 37, 487, 488, 497.

SAMUEL M. ARNELL was born in Maury County, Tennessee, May 3, 1834. He studied at Amherst College, Ma.s.sachusetts, and adopted the profession of law, which he practiced in Columbia, Tennessee. In April, 1865, he was elected a member of the Legislature of Tennessee, and in the following August was elected a Representative in Congress. The Tennessee delegation not being admitted at the opening of the Thirty-Ninth Congress, he continued to hold his seat in the Legislature. He was the author of the Franchise Law, which became a part of the Const.i.tution of Tennessee, and of the Civil Rights Bill of Tennessee. He took his seat as a member of the Thirty-Ninth Congress at the opening of its second session, and was re-elected to the Fortieth Congress.

DELOS R. ASHLEY studied and practiced the profession of law in Monroe, Michigan. In 1849 he removed to California, where he was elected District Attorney in 1851. He was elected to the a.s.sembly in 1854, and to the State Senate in 1856. He subsequently held the office of Treasurer of State. Having removed to Nevada in 1864, he was elected the Representative from that State to the Thirty-Ninth Congress, and was re-elected to the Fortieth Congress.

JAMES M. ASHLEY was born in Pennsylvania, November 14, 1824. He spent several years of his early life in a printing-office, and was some time a clerk on Ohio and Mississippi steamboats. He studied law, and was admitted to the bar in 1849, but immediately engaged in the business of boat-building. He subsequently went into the wholesale drug business in Toledo. In 1858 he was elected a Representative from Ohio to the Thirty-Sixth Congress, and has been a member of every succeeding Congress, including the Fortieth.--306, 503, 513, 515, 525, 566.

JEHU BAKER was born in Fayette County, Kentucky, November 4, 1822. He received a good education, and entered the profession of law. Having settled in Illinois, he was, in 1864, elected a Representative from that State to the Thirty-Ninth Congress, and was re-elected in 1866.--340,560.

JOHN D. BALDWIN was born in North Stonington, Connecticut, September 28, 1810. He graduated at Yale College. Having studied law, and gone through a course of theological studies, he published a volume of poems, and became connected with the press, first in Hartford, and then in Boston, where he was editor of the "Daily Commonwealth." He subsequently became proprietor of the "Worcester Spy." In 1860 he was a delegate to the Chicago Convention. In 1862 he was elected a Representative in Congress from Ma.s.sachusetts, and was re-elected in 1864 and 1866.

NATHANIEL P. BANKS was born in Waltham, Ma.s.sachusetts, January 30, 1816. His parents, being poor, could afford him no advantages of education save those of the common school. He was editor of a newspaper first in Waltham and then in Lowell. He studied law, but did not practice. In 1848 he was elected to the Legislature. He served in both Houses, and officiated part of the time as Speaker. He was President of the Convention, held in 1853, for revising the Const.i.tution of Ma.s.sachusetts. From 1853 to 1857 he was a Representative in Congress. During his second term in Congress he held the office of Speaker of the House, with unsurpa.s.sed acceptability and success. In 1857 he was elected Governor of Ma.s.sachusetts, and held the office for three successive terms. During the late rebellion he served as a Major-General of Volunteers. In 1865 he was elected a member of the Thirty-Ninth Congress, and was re-elected in 1866.--25, 31, 445, 524, 525, 539, 553.

ABRAHAM A. BARKER was born in Lovell, Maine, March 30, 1816. He received a common-school education, and engaged in agricultural pursuits. He was an early and earnest advocate of temperance and anti-slavery. In 1854 he removed to Pennsylvania, and entered upon the lumber business and mercantile pursuits. In 1860 he was a delegate to the Chicago Convention. In 1864 he was elected to represent the Seventeenth District of Pennsylvania in the Thirty-Ninth Congress. He was succeeded in the Fortieth Congress by Daniel J. Morrell.

PORTUS BAXTER was born in Brownington, Vermont. He received a liberal education, and engaged in mercantile and agricultural pursuits. In 1852 and 1856 he was a Presidential Elector. In 1860 he was elected a Representative from Vermont to the Thirty-Seventh Congress, and was re-elected to the Thirty-Eighth and Thirty-Ninth Congresses. He was succeeded in the Fortieth Congress by Worthington C. Smith.

FERNANDO C. BEAMAN was born in Chester, Vermont, June 28, 1814, and was removed in boyhood to New York. He received an English education at the Franklin County Academy, and studied law in Rochester. In 1838 he removed to Michigan, and engaged in the practice of his profession.

He served six years as Prosecuting Attorney for the county of Lenawee, and four years as Judge of Probate. In 1856 he was a Presidential Elector. In 1860 he was elected a Representative from Michigan to the Thirty-Seventh Congress, and was successively re-elected to the Thirty-Eighth, Thirty-Ninth, and Fortieth Congresses.--447.

JOHN F. BENJAMIN was born in Cicero, New York, January 23, 1817. After having spent three years in Texas, he settled in Missouri, in 1848, and engaged in the practice of law. He was a member of the Missouri Legislature in 1851 and 1852, and was a Presidential Elector in 1856.

He entered the Missouri Cavalry as a private, in 1861, and by a series of promotions reached the rank of Lieutenant-Colonel. He resigned to accept the appointment of Provost-Marshal for the Eighth District of Missouri. He was a delegate to the Baltimore Convention of 1864, and was the same year elected a Representative from Missouri to the Thirty-Ninth Congress, and in 1866 was re-elected.--366.

_TEUNIS G. BERGEN_ was born in Brooklyn, New York, October 6. 1806, He received an academical education at Flatbush, and engaged in surveying and horticulture. He served the town of New Utrecht as supervisor for twenty-three years. He was a member of the State Const.i.tutional Convention of 1846. In 1860 he was a member of the Democratic Conventions of Charleston and Baltimore. In 1864 he was elected a Representative from New York to the Thirty-Ninth Congress. At the close of his Congressional term he was elected a member of the New York Const.i.tutional Convention of 1867. He was succeeded in the Fortieth Congress by _Demas Barnes_.

JOHN BIDWELL was born in Chautauqua county, N. Y., August 5, 1819. In 1829 he removed with his father to Erie, Pennsylvania, and two years after to Ashtabula county, Ohio, where, through his own exertions he obtained an academical education. In 1838 he taught school in Darke County, Ohio, and subsequently taught two years in Missouri. In 1841 he emigrated to California, one of the first adventurers on the wild overland route. At the breaking out of the war with Mexico, he entered the service of the United States as a private, and reached the rank of Major. He was among the first who discovered gold on Feather River in 1848. In 1849 he was elected to the State Const.i.tutional Convention, and to the Senate of the first Legislature of California. In 1860 he was a delegate to the Charleston Convention, and refused to sanction the secession movement there made. In 1863 he was appointed Brigadier General of California militia, when it was necessary to organize in order to preserve the peace of the State. In 1864 he was a member of the Baltimore Convention, which renominated Lincoln. The same year he was elected a Representative from California to the Thirty-Ninth Congress. He was not a candidate for re-election to Congress, since nearly all the papers in the State had hoisted his name as candidate for Governor. He failed, however, to receive the nomination for that office by the Republican Convention. He was succeeded in the Fortieth Congress by _James A. Johnson_.--31.

JOHN A. BINGHAM was born in Pennsylvania in 1815. Having received an academical education, and spending two years in a printing-office, he entered Franklin College, in Ohio, but owing to ill-health, did not prosecute his studies to graduation. He was admitted to the bar in 1840, and from 1845 to 1849 he was Prosecuting Attorney for the county of Tuscarawas. In 1854 he was elected a Representative from Ohio to the Thirty-Fourth Congress, and was re-elected to the Thirty-Fifth, Thirty-Sixth, and Thirty-Seventh Congresses. In 1864 he was appointed a Judge-Advocate in the Army, and Solicitor of the Court of Claims. He was a.s.sistant Judge-Advocate in the trial of the a.s.sa.s.sination Conspirators, in May, 1865. In 1865 he took his seat for his fifth term of service in Congress and was re-elected to the Fortieth Congress--25, 67, 237, 285, 319, 357, 434, 448, 474, 475, 505, 520, 526, 537.

JAMES G. BLAINE was born in Was.h.i.+ngton County, Pennsylvania, in 1830.

After graduating at Was.h.i.+ngton College, 1847, he removed to Maine and became editor of the "Kennebec Journal," and "Portland Advertiser". He was four years a member of the Maine Legislature, and served two years as Speaker of the House. In 1862 he was elected a Representative from Maine to the Thirty-Eighth Congress, and was successively re-elected to the Thirty-Ninth and Fortieth Congresses.--333, 437, 527, 528, 536.

HENRY T. BLOW was born in Southampton county, Virginia, July 15, 1817.

In 1830 he removed to Missouri, and goon after graduated at the St.

Louis University. He engaged extensively in the drug and lead business. He served four years in the Senate of Missouri. In 1861 he was appointed by President Lincoln Minister to Venezuela, but resigned the position before the expiration of a year. In 1862 he was elected a Representative from Missouri to the Thirty-Eighth Congress, and was re-elected to the Thirty-Ninth. He was succeeded in the Fortieth Congress by Carman A. Newcomb.

GEORGE S. BOUTWELL was born in Brookline, Ma.s.sachusetts, January 28, 1818, and removed to Groton in 1835. He was engaged in mercantile business as clerk and proprietor for several years, and subsequently entered the profession of the law. From 1842 to 1850 he was a member of the Ma.s.sachusetts House of Representatives. In 1849 and 1850 he was Bank Commissioner. In 1851 he was elected Governor of Ma.s.sachusetts, and served two terms. He was a member of the Ma.s.sachusetts Const.i.tutional Convention of 1853. He was eleven years a member and Secretary of the Ma.s.sachusetts Board of Education, and ten years a member of the Board of Overseers of Harvard College. He was appointed Commissioner of the Internal Revenue, in July, 1862, and organized the Revenue system. In 1863 he took his seat as a Representative in Congress from Ma.s.sachusetts, and was re-elected to the Thirty-Ninth and Fortieth Congresses. He is the author of a "Manual of the School System, and School Laws of Ma.s.sachusetts," "Educational Topics and Inst.i.tutions," "A Manual of the Revenue System," and a volume just published, ent.i.tled "Speeches on Reconstruction."--31, 91, 442, 475, 526, 528, 536, 553.

_BENJAMIN M. BOYER_ was born in Montgomery county, Pennsylvania, January 22, 1823. He graduated at the University of Pennsylvania, and adopted the profession of law. In 1848 he was elected District Attorney for the county of Montgomery. In 1864 he was elected a Representative from Pennsylvania to the Thirty-Ninth Congress, and was re-elected to the Fortieth Congress.--54, 438.

ALLEN A. BRADFORD was born in Friends.h.i.+p, Maine, July 23, 1815. In 1841 he emigrated to Missouri, where he was admitted to the bar in 1843. He held the office of Clerk of the Circuit Court of Atchinson County, and subsequently removed to Iowa, where he was appointed Judge of the Sixth Judicial Circuit. Resigning this office in 1855, he went to Nebraska, and became a member of the Legislative Council. Having, in 1860, settled in Colorado, he was appointed Judge of the Supreme Court for that territory, and held this office until he was elected a delegate to the Thirty-Ninth Congress from Colorado. He was succeeded in the Fortieth Congress by George M. Chilcott.

AUGUSTUS BRANDEGEE was born in New London, Conn., July 15, 1828. He graduated at Yale College in 1849, and at the Yale Law School in 1851.

From 1854 to 1861 he served in the Connecticut Legislature, of which he was Speaker in the latter year. He was a Presidential Elector in 1861, and was elected a Representative to the Thirty-Eighth Congress from Connecticut in 1863, and was re-elected in 1865. He was succeeded in the Fortieth Congress by Henry H. Starkweather.

HENRY H. P. BROMWELL was born in Baltimore, Maryland, August 26, 1823.

Having spent seven years of his boyhood in Ohio, he went to Illinois in 1836, and came to the bar in 1853. He was subsequently an editor, Judge of a County Court, and Presidential Elector. In 1864 he was elected a Representative from Illinois to the Thirty-Ninth Congress, and in 1866 was re-elected to the Fortieth Congress.--349, 538.