Chapter I: Preface

The history of the Thirty-Ninth Congress is a sequel to that of the Rebellion. This having been overthrown, it remained for Congress to administer upon its effects. It depended upon the decisions of Congress whether the expected results of our victories should be realized or lost.

Now that the work of the Thirty-Ninth Congress stands forth complete, people naturally desire to know something of the manner in which the rough material was shaped into order, and the workmanship by which the whole was "fitly joined together." It can not be said of this fabric of legislation that it went up without "the sound of the hammer." The rap of the gavel was often heard enforcing order or limiting the length of speeches.

Discussion is the process by which legislation is achieved; hence no history of legislation would be complete without presenting the progress of debate preparatory to the adoption of important measures. The explanation of what our legislators did is found in what they said. Debates, as presented in the following pages, are by necessity much abridged. No attempt has been made to give a summary or synopsis of speeches. That which seemed to be the most striking or characteristic passage in a speech is given, in the words of the orator.

Many things said and done in the Thirty-Ninth Congress, of great importance to the nation, are by necessity omitted. The reader, in forming his opinion of Congressional character and ability, will bear in mind that those who speak most frequently are not always the most useful legislators. Men from whom no quotation is made, and to whom no measure is attributed in the following pages, may be among the foremost in watchfulness for their constituents, and faithfulness to the country.

If it should seem that one subject -- the negro question -- occupied too much of the time and attention of Congress, it must be borne in mind that this subject was thrust upon Congress and the country by the issue of the Rebellion, and must be definitely and finally settled before the nation can be at rest. "Unsettled questions have no pity on the repose of mankind."

No attempt has been made to present a journal of Congressional proceedings, giving a detail of what was said and done from day to day in the Senate and the House. There was always some great national question under consideration in one or the other House, forming an uninterrupted series of discussions and transactions. To present these in review is to give a history of the Thirty-Ninth Congress, since they distinguish it from all its predecessors, and make it historical.

CONTENTS.

CHAPTER I.--Opening Scenes.

(Page 13-21.)

Momentous Events of the Vacation -- Opening of the Senate --
Mr. Wade -- Mr. Sumner -- Mr. Wilson -- Mr. Harris -- Edward
McPherson -- As Clerk of the preceding Congress, he calls
the House to order -- Interruption of Roll-call by Mr.
Maynard -- Remarks by Mr. Brooks -- His Colloquy with Mr.
Stevens -- Mr. Colfax elected Speaker -- His Inaugural
Address -- The Test Oath.

CHAPTER II.--Locations of the Members and Cast of the Committees.

(Page 22-32.)

Importance of surroundings -- Members sometimes referred to
by their seats -- Senator Andrew Johnson -- Seating of the
Senators -- Drawing in the House -- The Senate Chamber as
seen from the Gallery -- Distinguished Senators -- The House
of Representatives -- Some prominent characters --
Importance of Committees -- Difficulty in their appointment
-- Important Senate Committees -- Committees of the House.

CHAPTER III.--Formation of the Joint Committee on Reconstruction.

(Page 33-49.)

Lack of Excitement -- Cause -- The Resolution -- Dilatory
Motions -- Yeas and Nays -- Proposed Amendments in the
Senate -- Debate in the Senate -- Mr. Howard -- Mr. Anthony
-- Mr. Doolittle -- Mr. Fessenden -- Mr. Saulsbury -- Mr.
Hendricks -- Mr. Trumbull -- Mr. Guthrie -- Passage of the
Resolution in the Senate -- Yeas and Nays -- Remarks of Mr.
Stevens on the Amendment of the Senate -- Concurrence of the
House -- The Committee appointed.

CHAPTER IV.--Suffrage in the District of Columbia.

(Page 50-94.)

Duty of Congress to Legislate for the District of Columbia
-- Suffrage Bill introduced into the House -- Speech by Mr.
Wilson -- Mr. Boyer -- Mr. Schofield -- Mr. Kelly -- Mr.
Rogers -- Mr. Farnsworth -- Mr. Davis -- Mr. Chanler -- Mr.
Bingham -- Mr. Grinnell -- Mr. Kasson -- Mr. Julian -- Mr.
Thomas -- Mr. Darling -- Mr. Hale's Amendment -- Mr. Thayer
-- Mr. Van Horn -- Mr. Clarke -- Mr. Johnson -- Mr.
Boutwell.

CHAPTER V.--The Freedmen.

(Page 95-103.)

Necessities of the Freedmen -- Committee in the House --
Early Movement by the Senate in behalf of Freedmen --
Senator Wilson's Bill -- Occasion for it -- Mr. Cowan Moves
its reference -- Mr. Reverdy Johnson advises deliberation --
A Question of time With Mr. Sherman -- Mr. Trumbull promises
a more efficient Bill -- Mr. Sumner presents proof of the
bad condition of affairs in the South -- Mr. Cowan and Mr.
Stewart produce the President as a Witness for the Defense
-- Mr. Wilson on the Testimony -- "Conservatism" -- The Bill
absorbed in greater measures.

CHAPTER VI.--The Freedmen's Bureau Bill in the Senate.

(Page 104-137.)

The Bill introduced and referred to Judiciary Committee --
Its provisions -- Argument of Mr. Hendricks against it --
Reply of Mr. Trumbull -- Mr. Cowan's Amendment -- Mr.
Guthrie wishes to relieve Kentucky from the operation of the
bill -- Mr. Creswell desires that Maryland may enjoy the
benefits of the bill -- Mr. Cowan's Gratitude to God and
Friendship for the Negro -- Remarks by Mr. Wilson -- "The
short gentleman's long speech" -- Yeas and Nays -- Insulting
title.

CHAPTER VII.--The Freedmen's Bureau Bill in the House.

(Page 138-157.)

The Bill Reported To the House -- Mr. Eliot's Speech --
History -- Mr. Dawson Vs. the Negro -- Mr. Garfield -- The
Idol Broken -- Mr. Taylor Counts the Cost -- Mr. Donnelly's
Amendment -- Mr. Kerr -- Mr. Marshall On White Slavery --
Mr. Hubbard -- Mr. Moulton -- Opposition From Kentucky --
Mr. Ritter -- Mr. Rosseau's Threat -- Mr. Shanklin's Gloomy
Prospect -- Mr. Trimble's Appeal -- Mr. Mckee an Exceptional
Kentuckian -- Mr. Grinnell on Kentucky -- The Example of
Russia -- Mr. Phelps -- Mr. Shellabarger's Amendment -- Mr.
Chanler -- Mr. Stevens' Amendments -- Mr. Eliot Closes the
Discussion -- Passage of The Bill -- Yeas and Nays.

CHAPTER VIII.--The Senate and the Veto Message.

(Page 158-187.)

Mr. Trumbull on the Amendments of the House -- Mr. Guthrie
exhibits feeling -- Mr. Sherman's deliberate Conclusion --
Mr. Henderson's sovereign remedy -- Mr. Trumbull on patent
medicines -- Mr. Mcdougall a white Man -- Mr. Reverdy
Johnson on the power to pass the Bill -- Concurrence of the
House -- The Veto Message -- Mr. Lane, of Kansas -- His
efforts for delay -- Mr. Garrett Davis -- Mr. Trumbull's
reply to the President -- The Question taken -- Yeas and
Nays -- Failure of passage.

CHAPTER IX.--The Civil Rights Bill in the Senate.

(Page 188-219.)

Duty of Congress consequent upon the Abolition of Slavery --
Civil Rights Bill introduced -- Reference to Judiciary
Committee -- Before the Senate -- Speech By Mr. Trumbull --
Mr. Saulsbury -- Mr. van Winkle -- Mr. Cowan -- Mr. Howard
-- Mr. Johnson -- Mr. Davis -- Conversations with Mr.
Trumbull and Mr. Clark -- Reply of Mr. Johnson -- Remarks by
Mr. Morrill -- Mr. Davis "wound Up" -- Mr. Guthrie's Speech
-- Mr. Hendricks -- Reply of Mr. Lane -- Mr. Wilson -- Mr.
Trumbull's closing remarks -- Yeas And Nays on the passage
of the Bill.

CHAPTER X.--The Civil Rights Bill in the House of Representatives.

(Page 220-244.)

The Bill referred to the Judiciary Committee and reported
back -- Speech by the Chairman of the Committee -- Mr.
Rogers -- Mr. Cook -- Mr. Thayer -- Mr. Eldridge -- Mr.
Thornton -- Mr. Windom -- Mr. Shellabarger -- Mr. Broomall
-- Mr. Raymond -- Mr. Delano -- Mr. Kerr -- Amendment by Mr.
Bingham -- His Speech -- Reply by his Colleague --
Discussion closed by Mr. Wilson -- Yeas and Nays on the
passage of the Bill -- Mr. Le Blond's proposed title --
Amendments of the House accepted by the Senate.

CHAPTER XI.--The Civil Rights Bill and the Veto.

(Page 245-293.)

Doubts as to the President's Decision -- Suspense ended --
The Veto Message -- Mr. Trumbull's Answer -- Mr. Reverdy
Johnson defends the Message -- Rejoinder -- Remarks of Mr.
Yates -- Mr. Cowan appeals to the Country -- Mr. Stewart
shows how States may make the Law a Nullity -- Mr. Wade --
Mr. McDougall on Persian Mythology -- Mr. J. H. Lane defends
the President -- Mr. Wade -- The President's Collar -- Mr.
Brown -- Mr. Doolittle -- Mr. Garrett Davis -- Mr. Saulsbury
-- Yeas And Nays in the Senate -- Vote in the House -- The
Civil Rights Bill becomes a Law.

CHAPTER XII.--The Second Freedmen's Bureau Bill becomes a Law.

(Page 294-306.)

The Discovery of the Majority -- The Senate Bill -- The
House Bill -- Its Provisions -- Passage of the Bill --
Amendment and Passage in the Senate -- Committee of
Conference -- The Amendments as Accepted -- The Bill as
Passed -- The Veto -- The Proposition of a Democrat accepted
-- Confusion in Leadership -- Passage of the Bill over The
Veto -- It Becomes a Law.

CHAPTER XIII.--First Words on Reconstruction.

(Page 307-323.)

Responsibility of the Republican Party -- Its Power and
Position -- Initiatory Step -- Mr. Stevens speaks for
himself -- Condition of the Rebel States -- Constitutional
Authority under which Congress should act -- Estoppel --
What Constitutes Congress -- The First Duty -- Basis of
Representation -- Duty on exports -- Two Important
Principles -- Mr. Raymond's Theory -- Rebel States still in
the Union -- Consequences of the Radical Theory --
Conditions to be required -- State Sovereignty -- Rebel Debt
-- Prohibition of Slavery -- Two Policies contrasted --
Reply of Mr. Jenckes -- Difference in Terms, not in
Substance -- Logic of the Conservatives leads to the Results
of the Radicals.

CHAPTER XIV.--The Basis of Representation in the House.

(Page 324-372.)

First work of the Joint Committee -- The Joint Resolution
proposing a Constitutional Amendment -- Mr. Stevens' reasons
for speedy action -- Protracted Discussion Commenced --
Objections to the Bill by Mr. Rogers -- Defense by Mr.
Conkling -- Two other Modes -- How States might Evade the
Law -- Not a Finality -- Wisconsin and South Carolina --
Amendment for Female Suffrage proposed -- Orth on Indiana
and Massachusetts -- Obscuration of the Sun -- More Radical
Remedy desired -- A Kentuckian gratified -- Citations from
the Census -- Premium for Treason -- White Slaves -- Power
to amend well-nigh exhausted -- Objections to the Suffrage
Basis -- "Race" and "Color" ambiguous -- Condition of the
Question -- Recommitted -- Final Passage.

CHAPTER XV.--The Basis of Representation in the Senate.

(Page 373-414.)

The Joint Resolution goes to the Senate --
Counter-proposition by Mr. Sumner -- He Speaks Five Hours --
Mr. Henderson's Amendment -- Mr. Fessenden -- Mr. Henry S.
Lane -- Mr. Johnson -- Mr. Henderson -- Mr. Clark's
Historical Statements -- Fred. Douglass' Memorial -- Mr.
Williams -- Mr. Hendricks -- Mr. Chandler's "blood-letting
Letter" -- Proposition of Mr. Yates -- His Speech -- Mr.
Buckalew against New England -- Mr. Pomeroy -- Mr. Sumner's
second Speech -- Mr. Doolittle -- Mr. Morrill -- Mr.
Fessenden meets Objections -- Final Vote -- The Amendment
defeated.

CHAPTER XVI.--Representation of the Southern States.

(Page 417-433.)

Concurrent Resolution -- A "Venomous Fight" -- Passage in
the House -- The Resolution in the Senate -- "A Political
Wrangle" deprecated -- Importance of the Question -- "A
Straw in a Storm" -- Policy of the President -- Conversation
between two Senators -- Mr. Nye's Advice to Rebels -- "A
Dangerous Power" -- "Was Mr. Wade once a Secessionist?" --
Garrett Davis' Programme for the President -- "Useless yet
Mischievous" -- The Great Question Settled.

CHAPTER XVII.--The Reconstruction Amendment in the House.

(Page 434-451.)

A Constitutional Amendment proposed and postponed --
Proposition by Mr. Stewart -- The Reconstruction Amendment
-- Death of its Predecessor lamented -- Opposition to the
Disfranchisement of Rebels -- "The Unrepentent Thirty-three"
-- Nine-tenths Reduced to One-twelfth -- Advice to Congress
-- The Committee denounced -- Democratic and Republican
Policy compared -- Authority without Power -- A Variety of
Opinions -- An Earthquake predicted -- The Joint Resolution
passes the House.

CHAPTER XVIII.--The Reconstruction Amendment in the Senate.

(Page 452-455.)

Difference between Discussions in the House and in the
Senate -- Mr. Sumner proposes to postpone -- Mr. Howard
takes Charge of the Amendment -- Substitutes proposed -- The
Republicans in Council -- The Disfranchising Clause stricken
out -- Humorous Account by Mr. Hendricks -- The Pain and
Penalties of not holding Office -- A Senator's Piety
appealed to -- Howe vs. Doolittle -- Marketable Principles
-- Praise of the President -- Mr. McDougall's Charity --
Vote of the Senate -- Concurrence in the House.

CHAPTER XIX.--Report of the Committee on Reconstruction.

(Page 466-472.)

An important State Paper -- Work of the Committee --
Difficulty of obtaining information -- Theory of the
President -- Taxation and Representation -- Disposition and
doings of the Southern People -- Conclusion of the Committee
-- Practical Recommendations.

CHAPTER XX.--Restoration of Tennessee.

(Page 473-482.)

Assembling of the Tennessee Legislature -- Ratification of
the Constitutional Amendment -- Restoration of Tennessee
proposed in Congress -- The Government of Tennessee not
Republican -- Protest against the Preamble -- Passage in the
House -- New Preamble proposed -- The President's Opinion
deprecated and disregarded -- Passage in the Senate -- The
President's Approval and Protest -- Admission of Tennessee
Members -- Mr. Patterson's Case.

CHAPTER XXI.--Negro Suffrage.

(Page 483-501.)

Review of the preceding action -- Efforts of Mr. Yates for
Unrestricted Suffrage -- Davis's Amendment to Cuvier -- The
"Propitious Hour" -- The Mayor's Remonstrance -- Mr.
Willey's Amendment -- Mr. Cowan's Amendment for Female
Suffrage -- Attempt to out-radical the Radicals -- Opinions
for and against Female Suffrage -- Reading and Writing as a
Qualification -- Passage of the Bill -- Objections of the
President -- Two Senators on the Opinions of the People --
The Suffrage Bill becomes a Law.

CHAPTER XXII.--The Military Reconstruction Act.

(Page 502-551.)

Proposition by Mr. Stevens -- "Piratical Governments" not to
be recognized -- The Military Feature introduced -- Mr.
Schofield's Dog -- The Only Hope of Mr. Hise -- Conversation
concerning the Reconstruction Committee -- Censure of a
Member -- A Military Bill Reported -- War Predicted -- The
"Blaine Amendment" -- Bill passes the House -- In the Senate
-- Proposition to Amend -- Mr. McDougall desires Liberty of
Speech -- Mr. Doolittle pleads for the Life of the Republic
-- Mr. Sherman's Amendment -- Passage in the Senate --
Discussion and Non-concurrence in the House -- The Senate
unyielding -- Qualified Concurrence of the House -- The Veto
-- "The Funeral of the Nation" -- The Act -- Supplementary
Legislation.

CHAPTER XXIII.--Other Important Acts.

(Page 552-560.)

Equalizing Bounties -- The Army -- The Department of
Education -- Southern Homesteads -- The Bankrupt Law -- The
Tariff -- Reduction of Taxes -- Contracting the Currency --
Issue of Three Per Cents. -- Nebraska and Colorado -- Tenure
of Office.

CHAPTER XXIV.--The President and Congress.

(Page 561-567.)

The President's treatment of the South -- First Annual
Message -- Mr. Sumner's Criticism -- The President
triumphant -- He damages his Cause -- Humor of Mr. Stevens
-- Vetoes Overridden -- The Question submitted to the People
-- Their Verdict -- Summary of Vetoes -- Impeachment --
Charges by Mr. Ashley -- Report of the Committee.