"SEC. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."

The President was requested to send the Amendment to the several States for ratification.

On the 22d of June, President Johnson sent a message to Congress informing them that the Secretary of State had transmitted to the Governors of the several States certified copies of the proposed amendment. "These steps," said the President, "are to be considered as purely ministerial, and in no sense whatever committing the Executive to an approval of the recommendation of the amendment." It seemed to the President a serious objection to the proposition "that the joint resolution was not submitted by the two houses for the approval of the President, and that of the thirty-six States which constitute the Union, eleven are excluded from representation."

The President having no power under the Constitution to veto a joint resolution submitting a constitutional amendment to the people, this voluntary expression of opinion could not have been designed to have an influence upon the action of Congress. The document could have been designed by its author only as an argument with the State Legislatures against the ratification of the Constitutional Amendment, and as a notice to the Southern people that they were badly treated.

The President's message was received by Congress without comment, and referred to the Committee on Reconstruction.



CHAPTER XIX.

REPORT OF THE COMMITTEE ON RECONSTRUCTION.

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.

On the 8th of June, the day on which the constitutional amendment passed the Senate, the report of the joint Committee on Reconstruction was presented to Congress. This important State paper had been looked for with great interest and no little anxiety by the people in all parts of the country. It was drawn up with marked ability, and was destined to have a most important bearing upon public opinion in reference to the great subject which, in all its bearings, it brought to the view of Congress and the country.

The committee having had unrivalled opportunities for obtaining information, their conclusions commanded the respect of those who differed from them, and obtained the almost unanimous approval of the party which carried the war to a successful close.

Referring to the nature of the work which was required of them, the committee said:

"Such an investigation, covering so large an extent of territory, and involving so many important considerations, must necessarily require no trifling labor, and consume a very considerable amount of time. It must embrace the condition in which those States were left at the close of the war; the measures which have been taken toward the reoerganization of civil government, and the disposition of the people toward the United States—in a word, their fitness to take an active part in the administration of national affairs."

The first step to be taken by the committee, that of obtaining required information, and the difficulties attending it, were thus set forth:

"A call was made on the President for the information in his possession as to what had been done, in order that Congress might judge for itself as to the grounds of belief expressed by him in the fitness of States recently in rebellion to participate fully in the conduct of national affairs. This information was not immediately communicated. When the response was finally made, some six weeks after your committee had been in actual session, it was found that the evidence upon which the President seemed to have based his suggestions was incomplete and unsatisfactory. Authenticated copies of the constitutions and ordinances adopted by the conventions in three of the States had been submitted; extracts from newspapers furnished scanty information as to the action of one other State, and nothing appears to have been communicated as to the remainder. There was no evidence of the loyalty of those who participated in these conventions, and in one State alone was any proposition made to submit the action of the convention to the final judgment of the people.

"Failing to obtain the desired information, and left to grope for light wherever it might be found, your committee did not deem it either advisable or safe to adopt, without further examination, the suggestions of the President, more especially as he had not deemed it expedient to remove the military force, to suspend martial law, or to restore the writ of habeas corpus, but still thought it necessary to exercise over the people of the rebellious States his military power and jurisdiction. This conclusion derived greater force from the fact, undisputed, that in all those States, except Tennessee, and, perhaps, Arkansas, the elections which were held for State officers and members of Congress had resulted almost universally in the defeat of candidates who had been true to the Union, and in the election of notorious and unpardoned rebels—men who could not take the prescribed oath of office, and who made no secret of their hostility to the Government and the people of the United States.

"Under these circumstances, any thing like hasty action would have been as dangerous as it was obviously unwise. It appeared to your committee that but one course remained, viz.: to investigate carefully and thoroughly the state of feeling and opinion existing among the people of these States; to ascertain how far their pretended loyalty could be relied upon, and thence to infer whether it would be safe to admit them at once to a full participation in the Government they had fought for four years to destroy. It was an equally important inquiry whether their restoration to their former relations with the United States should only be granted upon certain conditions and guarantees, which would effectually secure the nation against a recurrence of evils so disastrous as those from which it had escaped at so enormous a sacrifice."

The theory of the President, and those who demanded the immediate admission of Southern Senators and Representatives, was stated in the report to amount to this:

"That, inasmuch as the lately insurgent States had no legal right to separate themselves from the Union, they still retain their positions as States, and, consequently, the people thereof have a right to immediate representation in Congress, without the imposition of any conditions whatever; and, further, that until such admission, Congress has no right to tax them for the support of the Government. It has even been contended that, until such admission, all legislation affecting their interests is, if not unconstitutional, at least unjustifiable and oppressive.

"It is moreover contended that, from the moment when rebellion lays down its arms, and actual hostilities cease, all political rights of rebellious communities are at once restored; that because the people of a State of the Union were once an organized community within the Union, they necessarily so remain, and their right to be represented in Congress at any and all times, and to participate in the government of the country under all circumstances, admits of neither question nor dispute. If this is indeed true, then is the Government of the United States powerless for its own protection, and flagrant rebellion, carried to the extreme of civil war, is a pastime which any State may play at, not only certain that it can lose nothing, in any event, but may be the gainer by defeat. If rebellion succeeds, it accomplishes its purpose and destroys the Government. If it fails, the war has been barren of results, and the battle may be fought out in the legislative halls of the country. Treason defeated in the field has only to take possession of Congress and the Cabinet."

The committee in this report asserted:

"It is more than idle, it is a mockery to contend that a people who have thrown off their allegiance, destroyed the local government which bound their States to the Union as members thereof, defied its authority, refused to execute its laws, and abrogated every provision which gave them political rights within the Union, still retain through all the perfect and entire right to resume at their own will and pleasure all their privileges within the Union, and especially to participate in its government and control the conduct of its affairs. To admit such a principle for one moment would be to declare that treason is always master and loyalty a blunder."

To a favorite argument of the advocates of immediate restoration of the rebel States, the report presented the following reply:

"That taxation should be only with the consent of the people, through their own representatives, is a cardinal principle of all free governments; but it is not true that taxation and representation must go together under all circumstances and at every moment of time. The people of the District of Columbia and of the Territories are taxed, although not represented in Congress. If it be true that the people of the so-called Confederate States have no right to throw off the authority of the United States, it is equally true that they are bound at all times to share the burdens of Government. They can not, either legally or equitably, refuse to bear their just proportion of these burdens by voluntarily abdicating their rights and privileges as States of the Union, and refusing to be represented in the councils of the nation, much less by rebellion against national authority and levying war. To hold that by so doing they could escape taxation, would be to offer a premium for insurrection—to reward instead of punishing treason."

Upon the important subject of representation, which had occupied much of the attention of the committee and much of the time of Congress, the report held the following words:

"The increase of representation, necessarily resulting from the abolition of slavery, was considered the most important element in the questions arising out of the changed condition of affairs, and the necessity for some fundamental action in this regard seemed imperative. It appeared to your committee that the rights of these persons, by whom the basis of representation had been thus increased, should be recognized by the General Government. While slaves they were not considered as having any rights, civil or political. It did not seem just or proper that all the political advantages derived from their becoming free should be confined to their former masters, who had fought against the Union, and withheld from themselves, who had always been loyal. Slavery, by building up a ruling and dominant class, had produced a spirit of oligarchy adverse to republican institutions, which finally inaugurated civil war. The tendency of continuing the domination of such a class, by leaving it in the exclusive possession of political power, would be to encourage the same spirit and lead to a similar result. Doubts were entertained whether Congress had power, even under the amended Constitution, to prescribe the qualifications of voters in a State, or could act directly on the subject. It was doubtful in the opinion of your committee whether the States would consent to surrender a power they had always exercised, and to which they were attached. As the best, not the only method of surmounting all difficulty, and as eminently just and proper in itself, your committee comes to the conclusion that political power should be possessed in all the States exactly in proportion as the right of suffrage should be granted without distinction of color or race. This, it was thought, would leave the whole question with the people of each State, holding out to all the advantages of increased political power as an inducement to allow all to participate in its exercise. Such a proposition would be in its nature gentle and persuasive, and would tend, it was hoped, at no distant day, to an equal participation of all, without distinction, in all the rights and privileges of citizenship, thus affording a full and adequate protection to all classes of citizens, since we would have, through the ballot-box, the power of self-protection.

"Holding these views, your committee prepared an amendment to the Constitution to carry out this idea, and submitted the same to Congress. Unfortunately, as we think, it did not receive the necessary constitutional support in the Senate, and, therefore, could not be proposed for adoption by the States. The principle involved in that amendment is, however, believed to be sound, and your committee have again proposed it in another form, hoping that it may receive the approbation of Congress."

The action of the people of the insurrectionary States, and their responses to the President's appeals, as showing their degree of preparation for immediate admission into Congress, was thus set forth in the report:

"So far as the disposition of the people of the insurrectionary States and the probability of their adopting measures conforming to the changed condition of affairs can be inferred, from the papers submitted by the President as the basis of his action, the prospects are far from encouraging. It appears quite clear that the anti-slavery amendments, both to the State and Federal Constitutions, were adopted with reluctance by the bodies which did adopt them; and in some States they have been either passed by in silence or rejected. The language of all the provisions and ordinances of the States on the subject amounts to nothing more than an unwilling admission of an unwelcome truth. As to the ordinance of secession, it is in some cases declared 'null and void,' and in others simply 'repealed,' and in no case is a refutation of this deadly heresy considered worthy of a place in the new constitutions.

"If, as the President assumes, these insurrectionary States were, at the close of the war, wholly without State governments, it would seem that before being admitted to participate in the direction of public affairs, such governments should be regularly organized. Long usage has established, and numerous statutes have pointed out, the mode in which this should be done. A convention to frame a form of government should be assembled under competent authority. Ordinarily this authority emanates from Congress; but under the peculiar circumstances, your committee is not disposed to criticise the President's action in assuming the power exercised by him in this regard.

"The convention, when assembled, should frame a constitution of government, which should be submitted to the people for adoption. If adopted, a Legislature should be convened to pass the laws necessary to carry it into effect. When a State thus organized claims representation in Congress, the election of Representatives should be provided for by law, in accordance with the laws of Congress regulating representation, and the proof, that the action taken has been in conformity to law, should be submitted to Congress.

"In no case have these essential preliminary steps been taken. The conventions assembled seem to have assumed that the Constitution which had been repudiated and overthrown, was still in existence, and operative to constitute the States members of the Union, and to have contented themselves with such amendments as they were informed were requisite in order to insure their return to an immediate participation in the Government of the United States. And without waiting to ascertain whether the people they represented would adopt even the proposed amendments, they at once called elections of Representatives to Congress in nearly all instances before an Executive had been chosen to issue certificates of election under the State laws, and such elections as were held were ordered by the conventions. In one instance, at least, the writs of election were signed by the provisional governor. Glaring irregularities and unwarranted assumptions of power are manifest in several cases, particularly in South Carolina, where the convention, although disbanded by the provisional governor on the ground that it was a revolutionary body, assumed to district the State."

The report thus sets forth the conduct naturally expected of the Southern people, as contrasted with their actual doings:

"They should exhibit in their acts something more than unwilling submission to an unavoidable necessity—a feeling, if not cheerful, certainly not offensive and defiant, and should evince an entire repudiation of all hostility to the General Government by an acceptance of such just and favorable conditions as that Government should think the public safety demands. Has this been done? Let us look at the facts shown by the evidence taken by the committee. Hardly had the war closed before the people of these insurrectionary States come forward and hastily claim as a right the privilege of participating at once in that Government which they had for four years been fighting to overthrow.

"Allowed and encouraged by the Executive to organize State governments, they at once place in power leading rebels, unrepentant and unpardoned, excluding with contempt those who had manifested an attachment to the Union, and preferring, in many instances, those who had rendered themselves the most obnoxious. In the face of the law requiring an oath which would necessarily exclude all such men from Federal office, they elect, with very few exceptions, as Senators and Representatives in Congress, men who had actively participated in the rebellion, insultingly denouncing the law as unconstitutional.

"It is only necessary to instance the election to the Senate of the late Vice President of the Confederacy—a man who, against his own declared convictions, had lent all the weight of his acknowledged ability and of his influence as a most prominent public man to the cause of the rebellion, and who, unpardoned rebel as he is, with that oath staring him in the face, had the assurance to lay his credentials on the table of the Senate. Other rebels of scarcely less note or notoriety were selected from other quarters. Professing no repentance, glorying apparently in the crime they had committed, avowing still, as the uncontradicted testimony of Mr. Stephens and many others proves, an adherence to the pernicious doctrines of secession, and declaring that they yielded only to necessity, they insist with unanimous voice upon their rights as States, and proclaim they will submit to no conditions whatever preliminary to their resumption of power under that Constitution which they still claim the right to repudiate."

Finally the report thus presented the "conclusion of the committee:"

"That the so-called Confederate States are not at present entitled to representation in the Congress of the United States; that before allowing such representation, adequate security for future peace and safety should be required; that this can only be found in such changes of the organic law as shall determine the civil rights and privileges of all citizens in all parts of the republic, shall place representation on an equitable basis, shall fix a stigma upon treason, and protect the loyal people against future claims for the expenses incurred in support of rebellion and for manumitted slaves, together with an express grant of power in Congress to enforce these provisions. To this end they have offered a joint resolution for amending the Constitution of the United States, and two several bills designed to carry the same into effect."

The passage of the Constitutional Amendment by more than the necessary majority has been related. One of the bills to which reference is made in the above report—declaring certain officials of the so-called Confederate States ineligible to any office under the Government of the United States—was placed in the amendment in lieu of the disfranchising clause. The other bill provided for "the restoration of the States lately in insurrection to their full rights" so soon as they should have ratified the proposed amendment. This bill was defeated in the House by a vote of 75 to 48. Congress thus refused to pledge itself in advance to make the amendment the sole test of the reaedmission of rebel States. Congress, however, clearly indicated a disposition to restore those States "at the earliest day consistent with the future peace and safety of the Union." The report and doings of the Committee of Fifteen, although by many impatiently criticised as dilatory, resulted, before the end of the first session of the Thirty-ninth Congress, in the reconstruction of one of the States lately in rebellion.



CHAPTER XX.

RESTORATION OF TENNESSEE.

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.

The most important practical step in the work of reconstruction taken by the Thirty-ninth Congress was the restoration of Tennessee to her relations to the Union. Of all the recently rebellious States, Tennessee was the first to give a favorable response to the overtures of Congress by ratifying the Constitutional Amendment.

Immediately on the reception of the circular of the Secretary of State containing the proposed amendment, Governor Brownlow issued a proclamation summoning the Legislature of Tennessee to assemble at Nashville on the 4th of July.

There are eighty-four seats in the lower branch of the Legislature of Tennessee. By the State Constitution, two-thirds of the seats are required to be full to constitute a quorum. The presence of fifty-six members seemed essential for the legal transaction of business. Every effort was made to prevent the assembling of the required number. The powerful influence of the President himself was thrown in opposition to ratification.

On the day of the assembling of the Legislature but fifty-two members voluntarily appeared. Two additional members were secured by arrest, so that the number nominally in attendance was fifty-four, and thus it remained for several days. It was ascertained that deaths and resignations had reduced the number of actual members to seventy-two, and a Union caucus determined to declare that fifty-four members should constitute a quorum. Two more Union members opportunely arrived, swelling the number present in the Capitol to fifty-six. Neither persuasion nor compulsion availed to induce the two "Conservative members" to occupy their seats, and the house was driven to the expedient of considering the members who were under arrest and confined in a committee room, as present in their places. This having been decided, the constitutional amendment was immediately ratified. Governor Brownlow immediately sent the following telegraphic dispatch to Washington:

"NASHVILLE, TENNESSEE, Thursday, July 19—12 M.

"To Hon. E. M. Stanton, Secretary of War, Washington, D. C.

My compliments to the President. We have carried the Constitutional Amendment in the House. Vote, 43 to 18; two of his tools refusing to vote.

W. G. BROWNLOW."

On the 19th of July, the very day on which Tennessee voted to ratify the amendment, and immediately after the news was received in Washington, Mr. Bingham, in the House of Representatives, moved to reconsider a motion by which a joint resolution relating to the restoration of Tennessee had been referred to the Committee on Reconstruction.

This joint resolution having been drawn up in the early part of the session, was not adapted to the altered condition of affairs resulting from the passage of the constitutional amendment in Congress. The motion to reconsider having passed, Mr. Bingham proposed the following substitute:

"Joint resolution declaring Tennessee again entitled to Senators and Representatives in Congress.

Whereas, The State of Tennessee has in good faith ratified the article of amendment to the Constitution of the United States, proposed by the Thirty-ninth Congress to the Legislatures of the several States, and has also shown, to the satisfaction of Congress, by a proper spirit of obedience in the body of her people, her return to her due allegiance to the Government, laws, and authority of the United States: Therefore,

Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the State of Tennessee is hereby restored to her former, proper, practical relation to the Union, and again entitled to be represented by Senators and Representatives in Congress, duly elected and qualified, upon their taking the oaths of office required by existing laws."

On the following day, this joint resolution was the regular order, and gave rise to a brief discussion.

Mr. Boutwell desired to offer an amendment providing that Tennessee should have representation in Congress whenever, in addition to having ratified the constitutional amendment, it should establish an "equal and just system of suffrage." Mr. Boutwell, although opposed to the joint resolution before the House, had no "technical" objections to the immediate restoration of Tennessee. "I am not troubled," said he, "by the informalities apparent in the proceedings of the Tennessee Legislature upon the question of ratifying the constitutional amendment. It received the votes of a majority of the members of a full house, and when the proper officers shall have made the customary certificate, and filed it in the Department of State, it is not easy to see how any legal objection can be raised, even if two-thirds of the members were not present, although that proportion is a quorum according to the constitution of the State."

Mr. Boutwell declared that his objections to the pending measure were vital and fundamental. The government of Tennessee was not republican in form, since under its constitution more than eighty thousand male citizens were deprived of the right of suffrage. The enfranchisement of the freedmen of Tennessee should be the beginning of the great work of reconstruction upon a republican basis. "We surrender the rights of four million people," said Mr. Boutwell in concluding his remarks; "we surrender the cause of justice; we imperil the peace and endanger the prosperity of the country; we degrade ourselves as a great party which has controlled the government in the most trying times in the history of the world."

Mr. Higby thought that Tennessee should not be admitted without a restriction that she should not be allowed any more representation than that to which she would be entitled were the constitutional amendment in full operation and effect.

Mr. Bingham advocated at considerable length the immediate restoration of Tennessee. "Inasmuch," said he, "as Tennessee has conformed to all our requirements; inasmuch as she has, by a majority of her whole legislature in each house, ratified the amendment in good faith; inasmuch as she has of her own voluntary will conformed her constitution and laws to the Constitution and laws of the United States; inasmuch as she has by her fundamental law forever prohibited the assumption or payment of the rebel debt, or the enslavement of men; inasmuch as she has by her own constitution declared that rebels shall not exercise any of the political power of the State or vote at elections; and thereby given the American people assurance of her determination to stand by this great measure of security for the future of the Republic, Tennessee is as much entitled to be represented here as any State in the Union."

Mr. Finck, Mr. Eldridge, and other Democrats favored the resolution, while they protested against and "spit on" the preamble.

The question having been taken, the joint resolution passed the House, one hundred and twenty-five voting in the affirmative, and twelve in the negative. These last were the following: Messrs. Alley, Benjamin, Boutwell, Eliot, Higby, Jenckes, Julian, Kelley, Loan, McClurg, Paine, and Williams.

The announcement of the passage of the joint resolution was greeted with demonstrations of applause on the floor and in the galleries.

On the day succeeding this action in the House, the joint resolution came up for consideration in the Senate. After a considerable discussion, the resolution as it passed the House was adopted by the Senate.

In place of the preamble which was passed by the House, Mr. Trumbull proposed the following substitute:

"Whereas, In the year 1861, the government of the State of Tennessee was seized upon and taken possession of by persons in hostility to the United States, and the inhabitants of said State, in pursuance of an act of Congress were declared to be in a state of insurrection against the United States; and whereas said State government can only be restored to its former political relations in the Union by the consent of the law-making power of the United States; and whereas the people of said State did on the 22d of February, 1865, by a large popular vote adopt and ratify a constitution of government whereby slavery was abolished, and all ordinances and laws of secession and debts contracted under the same were declared void; and whereas a State government has been organized under said constitution which has ratified the amendment to the Constitution of the United States abolishing slavery, also the amendment proposed by the Thirty-ninth Congress, and has done other acts proclaiming and denoting loyalty: Therefore."

Mr. Sherman opposed the substitution of this preamble. "These political dogmas," said he, "can not receive the sanction of the President; and to insert them will only create delay, and postpone the admission of Tennessee."

"I pay no regard," said Mr. Wade, "to all that has been said here in relation to the President probably vetoing your bill, for any thing he may do, in my judgment, is entirely out of order on this floor. Sir, in olden times it was totally inadmissible in the British Parliament for any member to allude to any opinion that the king might entertain on any thing before the body; and much more, sir, ought an American Congress never to permit any member to allude to the opinion that the Executive may have upon any subject under consideration. He has his duty to perform, and we ours; and we have no right whatever under the Constitution to be biased by any opinion that he may entertain on any subject. Therefore, sir, I believe that it is, or ought to be, out of order to allude to any such thing here. Let the President do what he conceives to be his duty, and let us do ours, without being biased in any way whatever by what it may be supposed he will do."

Mr. Brown entered his disclaimer. "Republicanism," said he, "means nothing if it means not impartial, universal suffrage. Republicanism is a mockery and a lie if it can assume to administer this government in the name of freedom, and yet sanction, as this act will, the disfranchisement of a large, if not the largest, part of the loyal population of the rebel States on the pretext of color and race."

The question being taken on the passage of the preamble as substituted by the Senate, together with the resolution of the House, resulted in twenty-eight Senators voting in the affirmative, and four in the negative. The latter were Messrs. Brown, Buckalew, McDougal, and Sumner.

The House concurred in the amendment of the Senate, without discussion, and the joint resolution went to the President for his approval.

On the 24th of July, the President, not thinking it expedient to risk a veto, signed the joint resolution, and at the same time sent to the House his protest against the opinions presented in the preamble. After having given his objections to the preamble and resolution at considerable length, the President said: "I have, notwithstanding the anomalous character of this proceeding, affixed my signature to the resolution. [General applause and laughter.] My approval, however, is not to be construed as an acknowledgment of the right of Congress to pass laws preliminary to the admission of duly-qualified representatives from any of the States. [Great laughter.] Neither is it to be considered as committing me to all the statements made in the preamble, [renewed laughter,] some of which are, in my opinion, without foundation in fact, especially the assertion that the State of Tennessee has ratified the amendment to the Constitution of the United States proposed by the Thirty-ninth Congress." [Laughter.]

After the reading of the President's Message, Mr. Stevens said: "Inasmuch as the joint resolution has become a law by the entire and cordial approval of the President, [laughter,] I am joint committee on reconstruction to ask that that committee be discharged from the further consideration of the credentials of the members elect from the State of Tennessee, and to move that the same be referred to the Committee of Elections of this House."

This motion was passed. At a later hour of the same day's session, Mr. Dawes, of the Committee on Elections, having permission to report, said that the credentials of the eight Representatives elect from Tennessee had been examined, and were found in conformity with law. He moved, therefore, that the gentlemen be sworn in as members of the House from the State of Tennessee.

Horace Maynard and other gentlemen from Tennessee then went forward amid applause, and took the oath of office.

On the day following, Joseph S. Fowler was sworn in, and took his seat as a Senator from Tennessee.

The next day Mr. Fowler presented the credentials of David T. Patterson as a Senator elect from Tennessee. A motion was made that these credentials be referred to the Committee on the Judiciary, with instructions to inquire into the qualifications of Mr. Patterson.

The circumstances in this case were peculiar. Mr. Patterson had been elected circuit judge by the people of East Tennessee in 1854. His term of office expired in 1862, after Tennessee had passed the ordinance of secession and became a member of the Southern Confederacy. He was a firm, avowed, and influential Union man, and in the exercise of the duties of his office did much to protect the interests of loyal men. Persons who were opposed to secession, which with lawless violence was sweeping over the State, felt the importance of having the offices filled by Union men. Mr. Patterson was urged to again become a candidate for judge. He reluctantly consented, and was elected by a large majority over a rebel candidate. Governor Harris sent his commission, with peremptory orders that he should immediately take the oath to support the Southern Confederacy. Judge Patterson delayed and hesitated, and consulted other Union men as to the proper course to be pursued. They advised and urged him to take the oath. By so doing he could afford protection, to some extent, to Union men, against acts of lawless violence on the part of rebels. He was advised that, if he did not accept the office, it would be filled by a rebel, and the people would be oppressed by the civil as well as the military power of the rebels. He yielded to these arguments and this advice, and took the oath prescribed by the Legislature, which in substance was that he would support the Constitution of Tennessee and the Constitution of the Confederate States. He declared at the time that he owed no allegiance to the Confederate Government, and did not consider that part of the oath as binding him at all.

Judge Patterson held a few terms of court in counties when he could organize grand juries of Union men, and did something toward preserving peace and order in the community. He aided the Union people and the Union cause in every possible way, and thus became amenable to the hostility of the secessionists, who subjected him to great difficulty and danger. He was several times arrested, and held for some time in custody. At times he was obliged to conceal himself for safety. He spent many nights in out-buildings and in the woods to avoid the vengeance of the rebels.

In September, 1863, the United States forces under General Burnside having taken possession of Knoxville, Mr. Patterson succeeded, with his family, in making his escape to Knoxville, and did not return to his home until after the close of the rebellion.

The Committee on the Judiciary having taken into consideration the above and other palliating circumstances, proposed a resolution that Mr. Patterson "is duly qualified and entitled to hold a seat in the Senate." On motion of Mr. Clark this resolution was amended to read, "that, upon taking the oaths required by the Constitution and the laws, he be admitted to a seat in the Senate."

It was, however, thought better by the Senate to pass a joint resolution that in the case of Mr. Patterson there should be omitted from the test oath the following words: "That I have neither sought, nor accepted, nor attempted to exercise the functions of any office whatever under any authority, or pretended authority, in hostility to the United States." This joint resolution having passed the Senate, was immediately sent to the House of Representatives, then in session, and at once came up before that body for consideration. The resolution was eloquently advocated by Messrs. Maynard and Taylor, and opposed by Mr. Stokes, all of Tennessee.

"On the night of the 22d of February last," said Mr. Stokes, "I delivered a speech in Nashville, and there and then declared, if admitted as a member of this House, I would freeze to my seat before I would vote to repeal the test oath. [Long-continued applause on the floor and in the galleries.] I have made the same declaration in many speeches since then.

"Sir, I regard the test oath passed by the United States Congress as the salvation of the Union men of the South as well as of the North. I regard it as sacred as the flaming sword which the Creator placed in the tree of life to guard it, forbidding any one from partaking of the fruit thereof who was not pure in heart. Sir, this is no light question. Repeal the test oath and you permit men to come into Congress and take seats who have taken an oath to the Confederate Government, and who have aided and assisted in carrying out its administration and laws. That is what we are now asked to do. Look back to the 14th of August, 1861, the memorable day of the proclamation issued by Jefferson Davis, ordering every man within the lines of the confederacy who still held allegiance to the Federal Government to leave within forty-eight hours. That order compelled many to seek for hiding-places who could not take the oath of allegiance to the Confederate Government. When the rebel authorities said to our noble Governor of Tennessee, 'We will throw wide open the prison doors and let you out, if you will swear allegiance to our government,' what was his reply? 'You may sever my head from my body, but I will never take the oath to the Confederate Government.'"



Mr. Conkling said: "I should be recreant to candor were I to attempt to conceal my amazement at the scene now passing before us. Only eight short days ago and eleven States were silent and absent here, because they had participated in guilty rebellion, and because they were not in fit condition to share in the government and control of this country. Seven short days ago we found one of these States with loyalty so far retrieved, one State so far void of present offenses, that the ban was withdrawn from her, and she again was placed on an equal footing with the most favored States in the Union. The doors were instantly thrown open to her Senators and Representatives, the whole case was disposed of, and the nation approved the act. Here the matter should have rested; here it should have been left forever undisturbed. But no; before one week has made its round, we are called upon to stultify ourselves, to wound the interests of the nation, to surrender the position held by the loyal people of the country almost unanimously, and the exigency is that a particular citizen of Tennessee seeks to effect his entrance to the Senate of the United States without being qualified like every other man who is permitted to enter there.

"We are asked to drive a ploughshare over the very foundation of our position; to break down and destroy the bulwark by which we may secure the results of a great war and a great history, by which we may preserve from defilement this place, where alone in our organism the people never lose their supremacy, except by the recreancy of their Representatives; a bulwark without which we may not save our Government from disintegration and disgrace. If we do this act, it will be a precedent which will carry fatality in its train. From Jefferson Davis to the meanest tool of despotism and treason, every rebel may come here, and we shall have no reason to assign against his admission, except the arbitrary reason of numbers."

Mr. Conkling closed by moving that the joint resolution be laid on the table, which was carried by a vote of eighty-eight to thirty-one.

During the same day's session—which was protracted until seven o'clock of Saturday morning, July 28th—the same subject came up again in the Senate, on the passage of the resolution to admit Mr. Patterson to a seat in the Senate upon his taking the oaths required by the Constitution and laws. After some discussion, the resolution passed, twenty-one voting in the affirmative and eleven in the negative.

Mr. Patterson went forward to the desk, and the prescribed oaths having been administered, he took his seat in the Senate. Thus, on the last day of the first session of the Thirty-ninth Congress, Tennessee was fully reconstructed in her representation.



CHAPTER XXI.

NEGRO SUFFRAGE.

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.

On the reaessembling of the Thirty-ninth Congress for the second session, December 3d, 1866, immediately after the preliminaries of opening had transpired, Mr. Sumner called up business which had been introduced on the first day of the preceding session—a year before—which still remained unfinished—the subject of suffrage in the District of Columbia. In so doing, the Senator from Massachusetts said: "It will be remembered that it was introduced on the first day of the last session; that it was the subject of repeated discussions in this chamber; that it was more than once referred to the Committee on the District of Columbia, by whose chairman it was reported back to the Senate. At several different stages of the discussion it was supposed that we were about to reach a final vote. The country expected that vote. It was not had. It ought to have been had. And now, sir, I think that the best way is for the Senate in this very first hour of its coming together to put that bill on its passage. It has been thoroughly debated. Every Senator here has made up his mind on the question. There is nothing more to be said on either side. So far as I am concerned, I am perfectly willing that the vote shall be taken without one further word of discussion; but I do think that the Senate ought not to allow the bill to be postponed. We ought to seize this first occasion to put the bill on its passage. The country expects it; the country will rejoice and be grateful if you will signalize this first day of your coming together by this beautiful and generous act."

Objection being raised to the immediate consideration of the subject, it was decided that it must be deferred under a rule of the Senate until after the expiration of six days from the commencement of the session.

It is proper here to present a brief record of the proceedings upon the subject during the preceding session. The passage of a bill in the House of Representatives, and the discussion upon the subject in that body are given in a preceding chapter. This bill, as Mr. Morrill subsequently said in the Senate, was not an election bill, and conferred no right of voting upon any person beyond what he had before. It was a mere declaration of a right to vote. As such, the bill was favorably received by the Senate Committee to whom it was referred, and was by them reported back with favor, but was never put upon its passage.

Meanwhile the Senate Committee had under consideration a bill of their own, which they reported on the 10th of January. This bill provided for restricted suffrage, requiring the qualification to read and write. Mr. Yates, an original and uncompromising advocate of universal suffrage was opposed to this restriction. He was a member of the Committee on the District of Columbia, but had been prevented from being present in its deliberations when it was resolved to report the bill as then before the Senate. Fearing that the bill might pass the Senate with the objectionable restrictions, Mr. Yates moved that it be recommitted, which was done.

At a meeting of the committee called to reconsider the bill, Mr. Yates argued at length and with earnestness against disfranchisement on the ground of inability to read and write. The committee reversed their former decision, and reported the bill substantially in the form in which it subsequently became a law. The bill being before the Senate on the 16th of January, 1866, Mr. Garrett Davis opposed it in a speech of great length. He made use of every argument and referred to every authority within his reach to prove the inferiority of the negro race. After giving Cuvier's definition of the "negro," the Senator remarked: "The great naturalist might have added as other distinctive characteristics of the negro; first, that his skin exhales perpetually a peculiar pungent and disagreeable odor; second, that 'the hollow of his foot makes a hole in the ground.'" The Senator drew a fearful picture of the schemes of Massachusetts to use the negro voters, whom it was her policy to create in the South.

This subject did not again come up in the Senate until after the lapse of several months. On the 27th of June it was "disentombed" from what many supposed was its final resting place. Mr. Morrill proposed as an amendment that the elective franchise should be restricted to persons who could read and write. This was rejected; fifteen voting in the affirmative, and nineteen in the negative.

Mr. Willey opposed the bill before the Senate in a speech of considerable length. He advocated the bestowal of a qualified and restricted suffrage upon the colored people of the District. His chief objection to the measure before the Senate was that it was untimely. "Any thing not essential in itself," said he, "or very material to the welfare of the nation, or a considerable part of the nation, if it is calculated to complicate our difficulties, or inflame party passions or sectional animosities, had better be left, it appears to me, to a more propitious hour."

The "propitious hour" hoped for by the Senator, did not come around until after the opening of the second session. The subject did not again seriously occupy the attention of the Senate, with the exception of Mr. Sumner's effort to have it taken up on the first day of the session, until the 10th day of December, 1866.

On that day, Mr. Morrill, who, as Chairman of the Committee on the District of Columbia, had the bill in charge, introduced the subject with a speech of considerable length. "This measure," said he, "not only regulates the elective franchise in this District, but it extends and enlarges it. The principal feature of the bill is that it embraces the colored citizens of the District of Columbia. In this particular it is novel, and in this particular it is important. In this particular it may be said to be inaugurating a policy not only strictly for the District of Columbia, but in some sense for the country at large. In this respect it is, I suppose, that this bill has received so large a share of the public attention during the last session and the recess of the Congress of the United States."

Mr. Morrill called attention to the remonstrance of the Mayor of Washington, who had informed the Senate that in an election held for the purpose of ascertaining the sentiments of the voters of the city upon the subject, some six thousand five hundred were opposed to the extension of the elective franchise, while only thirty or forty were in favor of it.

"These six or seven thousand voters," said Mr. Morrill, "are only one in thirty at most of the people of this District, and it is very difficult to understand how there could be more significance or probative force attached to these six or seven thousand votes than to an equal number of voices independent of the ballot, under the circumstances. This is a matter affecting the capital of the nation, one in which the American people have an interest, as indirectly, at least, touching the country at large. What the National Congress pronounce here as a matter of right or expediency, or both, touching a question of popular rights, may have an influence elsewhere for good or for evil. We can not well justify the denial of the right of suffrage to colored citizens on the protest of the voters of the corporation of Washington. We may not think fit to grant it simply on the prayer of the petitioners. Our action should rest on some recognized general principle, which, applied to the capital of the nation, would be equally just applied to any of the political communities of which the nation is composed."

In closing his speech, Mr. Morrill remarked: "In a nation of professed freemen, whose political axioms are those of universal liberty and human rights, no public tranquillity is possible while these rights are denied to portions of the American people. We have taken into the bosom of the Republic the diverse elements of the nationalities of Europe, and are attempting to mold them into national harmony and unity, and are still inviting other millions to come to us. Let us not despair that the same mighty energies and regenerating forces will be able to assign a docile and not untractable race its appropriate place in our system."

Mr. Willey's amendment, proposed when the subject was last considered in the previous session, six months before, being now the pending question, its author addressed the Senate in favor of some restrictions upon the exercise of the elective franchise. "There ought to be some obligation," said he, "either in our fundamental laws in the States, or somewhere, by some means requiring the people to educate themselves; and if this can be accomplished by disqualifying those who are not educated for the exercise of the right of suffrage, thus stimulating them to acquire a reasonable degree of education, that of itself, it seems to me, would be a public blessing."

"I am against this qualification of reading and writing," said Mr. Wilson; "I never did believe in it. I do not believe in it now. I voted against it in my own State, and I intend to vote against it here. There was a time when I would have taken it, because I did not know that we could get any thing more in this contest; but I think the great victory of manhood suffrage is about achieved in this country."

"Reading and writing, as a qualification for voting," said Mr. Pomeroy, "might be entertained in a State where all the people were allowed to go to school and learn to read and write; but it seems to me monstrous to apply it to a class of persons in this community who were legislated away from school, to whom every avenue of learning was shut up by law."

Some discussion was elicited by a proposition made by Mr. Anthony to attach to Mr. Willey's amendment a provision excluding from the right to vote all "who in any way voluntarily gave aid and comfort to the rebels during the late rebellion."

This was opposed by Mr. Wilson. "We better not meddle with that matter of disfranchisement," said he. "There are but few of these persons here, so the prohibition will practically not amount to any thing. As we are to accomplish a great object, to establish universal suffrage, we should let alone all propositions excluding a few men here. Disfranchisement will create more feeling and more bitterness than enfranchisement."

Mr. Willey's amendment was finally so much "amended" that he could not support it himself, and it received but one affirmative vote, that of Mr. Kirkwood.

Mr. Cowan proposed to amend the bill by striking out the word "male" before the word "person," that females might enjoy the elective franchise. "I propose to extend this privilege," said he, "not only to males, but to females as well; and I should like to hear even the most astute and learned Senator upon this floor give any better, reason for the exclusion of females from the right of suffrage than there is for the exclusion of negroes.

"If you want to widen the franchise so as to purify your ballot-box, throw the virtue of the country into it; throw the temperance of the country into it; throw the purity of the country into it; throw the angel element—if I may so express myself—into it. [Laughter.] Let there be as little diabolism as possible, but as much of the divinity as you can get."

The discussion being resumed on the following day, Mr. Anthony advocated Mr. Cowan's amendment. "I suppose," said he, "that the Senator from Pennsylvania introduced this amendment rather as a satire upon the bill itself, or if he had any serious intention, it was only a mischievous one to injure the bill. But it will not probably have that effect, for I suppose nobody will vote for it except the Senator himself, who can hardly avoid it, and I, who shall vote for it because it accords with a conclusion to which I have been brought by considerable study upon the subject of suffrage."

After having answered objections against female suffrage, Mr. Anthony remarked in conclusion: "I should not have introduced this question; but as it has been introduced, and I intend to vote for the amendment, I desire to declare here that I shall vote for it in all seriousness, because I think it is right. The discussion of this subject is not confined to visionary enthusiasts. It is now attracting the attention of some of the best thinkers in the world, both in this country and in Europe; and one of the very best of them all, John Stuart Mill, in a most elaborate and able paper, has declared his conviction of the right and justice of female suffrage. The time has not come for it, but the time is coming. It is coming with the progress of civilization and the general amelioration of the race, and the triumph of truth, and justice, and equal rights."

Mr. Williams opposed the pending amendment. "To extend the right of suffrage to the negroes in this country," said he, "I think is necessary for their protection; but to extend the right of suffrage to women, in my judgment, is not necessary for their protection. Wide as the poles apart are the conditions of these two classes of persons. The sons defend and protect the reputation and rights of their mothers; husbands defend and protect the reputation and rights of their wives; brothers defend and protect the reputation and rights of their sisters; and to honor, cherish, and love the women of this country is the pride and the glory of its sons.

"When the women of this country come to be sailors and soldiers; when they come to navigate the ocean and to follow the plow; when they love to be jostled and crowded by all sorts of men in the thoroughfares of trade and business; when they love the treachery and the turmoil of politics; when they love the dissoluteness of the camp, and the smoke of the thunder, and the blood of battle better than they love the affections and enjoyments of home and family, then it will be time to talk about making the women voters; but until that time, the question is not fairly before the country."

Mr. Cowan defended his amendment and his position. "When the time comes," said he, "I am a Radical, too, along with my fellow Senators here. By what warrant do they suppose that I am not interested in the progress of the race? If the thing is to be bettered, I want to better it."

Mr. Morrill replied to the speech of Mr. Cowan. "Does any suppose," said Mr. Morrill, "that he is at all in earnest or sincere in a single sentiment he has uttered on this subject? I do not imagine he believes that any one here is idle enough for a moment to suppose so. If it is true, as he intimates, that he is desirous of becoming a Radical, I am not clear that I should not be willing to accept his service, although there is a good deal to be repented of before he can be taken into full confidence. [Laughter.]

"When a man has seen the error of his ways and confesses it, what more is there to be done except to receive him seventy and seven times? Now, if this is an indication that the honorable Senator means to out-radical the Radicals, 'Come on, Macduff,' nobody will object, provided you can show us you are sincere. That is the point. If it is mischief you are at, you will have a hard time to get ahead. While we are radical we mean to be rational. While we intend to give every male citizen of the United States the rights common to all, we do not intend to be forced by our enemies into a position so ridiculous and absurd as to be broken down utterly on that question, and who ever comes here in the guise of a Radical and undertakes to practice that probably will not make much by the motion. I am not surprised that those of our friends who went out from us and have been feeding on the husks desire to get in ahead; but I am surprised at the indiscretion and the want of common sense exercised in making so profound a plunge at once! If these gentlemen desire to be taken into companionship and restored to good standing, I am the first man to reach out the hand and say, 'Welcome back again, so that you are repentant and regenerated;' but, sir, I am the last man to allow that you shall indorse what you call Radicalism for the purpose of breaking down measures which we propose!"

"He alleges," replied Mr. Cowan, "that I am not serious in the amendment I have moved; that I am not in earnest about it. How does he know? By what warrant does he undertake to say that a brother Senator here is not serious, not in earnest? I should like to know by what warrant he undertakes to do that. He says I do not look serious. I have not perhaps been trained in the same vinegar and persimmon school, [laughter;] I have not been doctrinated into the same solemn nasal twang which may characterize the gentleman, and which may be considered to be the evidence of seriousness and earnestness. I generally speak as a man, and as a good-natured man, I think. I hope I entertain no malice toward any body. But the honorable Senator thinks that I want to become a Radical. Why, sir, common charity ought to have taught the honorable Senator better than that. I think no such imputation, even on the part of the most virulent opponent that I have, can with any justice be laid to my door. I have never yielded to his radicalism; I have never truckled to it. Whether it be right or wrong, I have never bowed the knee to it. From the very word 'go' I have been a Conservative; I have endeavored to save all in our institutions that I thought worth saving."

Mr. Wade had introduced the original bill, and had put it upon the most liberal principle of franchise. "The question of female suffrage," said he, "had not then been much agitated, and I knew the community had not thought sufficiently upon it to be ready to introduce it as an element in our political system. While I am aware of that fact, I think it will puzzle any gentleman to draw a line of demarcation between the right of the male and the female on this subject. Both are liable to all the laws you pass; their property, their persons, and their lives are affected by the laws. Why, then, should not the females have a right to participate in their construction as well as the male part of the community? There is no argument that I can conceive or that I have yet heard that makes any discrimination between the two on the question of right.

"I shall give a vote on this amendment that will be deemed an unpopular vote, but I am not frightened by that. I have been accustomed to give such votes all my life almost, but I believe they have been given in the cause of human liberty and right and in the way of the advancing intelligence of our age; and whenever the landmark has been set up the community have marched up to it. I think I am advocating now the same kind of a principle, and I have no doubt that sooner or later it will become a fixed fact, and the community will think it just as absurd to exclude females from the ballot-box as males."

Mr. Yates opposed the pending amendment, deeming it a mere attempt on the part of the Senator from Pennsylvania to embarrass this question. "Logically," said he, "there are no reasons in my mind which would not permit women to vote as well as men, according to the theory of our government. But that question, as to whether ladies shall vote or not, is not at issue now. I confess that I am for universal suffrage, and when the time comes, I am for suffrage by females as well as males."

"While I will vote now," said Mr. Wilson, "or at any time, for woman suffrage as a distinct, separate measure, I am unalterably opposed to connecting that question with the pending question of negro suffrage. The question of negro suffrage is now an imperative necessity; a necessity that the negro should possess it for his own protection; a necessity that he should possess it that the nation may preserve its power, its strength, and its unity."

"Why was the consideration of this measure discontinued at the last session, and the bill not allowed to pass the Senate?" asked Mr. Hendricks.

"The bill passed the House of Representatives early in the session," replied Mr. Wilson. "It came to the Senate early in December. That Senator, I think, knows very well that we had not the power to pass it for the first five or six months of the session; that is, we had not the power to make it a law. We could not have carried it against the opposition of the President of the United States, and we had assurances of gentlemen who were in intimate relations with him that his signature would not be obtained. It would not have been wise for us to pass the bill if it was to encounter a veto, unless we were able to pass it over that veto. The wise course was to bide our time until we had that power, and that power came before the close of the session, but it came in the time of great pressure, when other questions were crowding upon us, and it was thought best by those who were advocating it, especially as the chairman of the committee, the Senator from Maine, [Mr. Morrill,] was out of the Senate for many days on account of illness, to let the bill go over until this December."

Mr. Johnson opposed the pending amendment. "I think if it was submitted to the ladies," said he—"I mean the ladies in the true acceptation of the term—of the United States, the privilege would not only not be asked for, but would be rejected. I do not think the ladies of the United States would agree to enter into a canvass and undergo what is often the degradation of seeking to vote, particularly in the cities, getting up to the polls, crowded out and crowded in. I rather think they would feel it, instead of a privilege, a dishonor."

Mr. Johnson was unwilling to vote for the amendment with a view to defeat the bill. "I have lived to be too old," said he, "and have become too well satisfied of what I think is my duty to the country to give any vote which I do not believe, if it should be supported by the votes of a sufficient number to carry the measure into operation, would redound to the interests and safety and honor of the country."

"The women of America," said Mr. Frelinghuysen, "vote by faithful and true representatives, their husbands, their brothers, their sons; and no true man will go to the polls and deposit his ballot without remembering the true and loving constituency that he has at home. More than that, sir, ninety-nine out of a hundred, I believe nine hundred and ninety-nine out of a thousand, of the women in America do not want the privilege of voting in any other manner than that which I have stated. In both these regards there is a vast difference between the situation of the colored citizens and the women of America.

"The learned and eloquent Senator from Pennsylvania said yesterday with great beauty that he wanted to cast the angel element into the suffrage system of America. Sir, it seems to me, that it would be ruthlessly tearing the angel element from the homes of America; and the homes of the people of America are infinitely more valuable than any suffrage system. It will be a sorry day for this country when those vestal fires of piety and love are put out."

On the next day, December 12th, the discussion being resumed, Mr. Brown advocated the amendment. "I stand," said he, "for universal suffrage, and as a matter of fundamental principle do not recognize the right of society to limit it on any ground of race, color, or sex. I will go further and say that I recognize the right of franchise as being intrinsically a natural right; and I do not believe that society is authorized to impose any limitation upon it that does not spring out of the necessities of the social state itself."

Believing "that the metaphysical always controls the practical in all the affairs of life," Mr. Brown gave the "abstract grounds" upon which he deemed the right of woman to the elective franchise rested. Coming finally to the more practical bearings of the subject, he answered the objection, that "if women are entitled to the rights of franchise, they would correspondingly come under the obligation to bear arms." "Are there not large classes," he asked, "even among men in this country, who are exempt from service in our armies for physical incapacity and for other reasons? And if exemptions which appertain to males may be recognized as valid, why not similar exemptions for like reasons when applied to females? Does it not prove that there is nothing in the argument so far as it involves the question of right? There are Quakers and other religious sects; there are ministers of the Gospel; persons having conscientious scruples; indeed, all men over a certain age who under the laws of many of the States are released from service of that character. Indeed, it is the boast of this republic that ours is a volunteer military establishment. Hence I say there is nothing in the position that because she may not be physically qualified for service in your army, therefore you have the right to deny her the franchise on the score of sex."

In closing an extended speech, Mr. Brown remarked: "Even though I recognize the impolicy of coupling these two measures in this manner and at this time, I shall yet record my vote in the affirmative as an earnest indication of my belief in the principle, and my faith in the future."

Mr. Davis made another protracted speech against both the amendment and the original bill. "The great God," said he, "who created all the races, and in every race gave to man woman, never intended that woman should take part in national government among any people, or that the negro, the lowest, should ever have cooerdinate and equal power with the highest, the white race, in any government, national or domestic."

In conclusion, Mr. Davis advised the late rebels to "resist this great, this most foul, cruel, and dishonoring enslavement. Men of the South, exhaust every peaceful means of redress, and when your oppressions become unendurable, and it is demonstrated that there is no other hope, then strike for your liberty, and strike as did your fathers in 1776, and as did the Hollanders and Zealanders, led by William the Silent, to break their chains, forged by the tyrants of Spain."

"When it is necessary," said Mr. Sprague, "that woman shall vote for the support of liberty and equality, I shall be ready to cast my vote in their favor. The black man's vote is necessary to this at this time. Do not prostrate all the industrial interests of the North by a policy of conciliation and of inaction. Delays are dangerous, criminal. When you shall have established, firmly and fearlessly, governments at the South friendly to the republic; when you shall have ceased from receiving terms and propositions from the leaders of the rebellion as to their reconstruction; when you shall have promptly acted in the interest of liberty, prosperity will light upon the industries of your people, and panics, commercial and mercantile revolutions, will be placed afar off; and never, sir, until that time shall have arrived. And as an humble advocate of all industrial interests of the free people of the North, white and black, and as an humble representative of these interests, I urge prompt action to-day, to-morrow, and every day until the work has been completed. Let no obstacle stand in the way now, no matter what it may be. You will save your people from poverty and free principles from a more desperate combat than they have yet witnessed. Ridicule may be used in this chamber, calumny may prevail through the country, and murder may be a common occurrence South to those who stand firmly thus and who advocate such measures. Let it be so; for greater will be the crowning glory of those who are not found wanting in the day of victory. Let us, then, press to the vote; one glorious step taken, then we may take others in the same direction."

"The objection," said Mr. Buckalew, "which I have to a large extension of suffrage in this country, whether by Federal or State power, is this: that thereby you will corrupt and degrade elections, and probably lead to their complete abrogation hereafter. By pouring into the ballot-boxes of the country a large mass of ignorant votes, and votes subjected to pecuniary or social influence, you will corrupt and degrade your elections and lay the foundation for their ultimate destruction."

"After giving some considerable reflection to the subject of suffrage," said Mr. Doolittle, "I have arrived at the conclusion that the true base or foundation upon which to rest suffrage in any republican community is upon the family, the head of the family; because in civilized society the family is the unit, not the individual."

Mr. Pomeroy was in favor of the bill without the proposed amendment. "I do not want to weigh it down," said he, "with any thing else. There are other measures that I would be glad to support in their proper place and time; but this is a great measure of itself. Since I have been a member of the Senate, there was a law in this District authorizing the selling of these people. To have traveled in six years from the auction-block to the ballot with these people is an immense stride, and if we can carry this measure alone, of itself, we should be contented for the present."

The vote being taken on Mr. Cowan's amendment conferring the elective franchise upon women, the result was yeas, nine; nays, thirty-seven. The following are the names of those who voted in the affirmative:

Messrs. Anthony, Brown, Buckalew, Cowan, Foster, Nesmith, Patterson, Riddle, and Wade.

Mr. Dixon then moved to amend the bill by adding a proviso:

"That no person who has not heretofore voted in this District shall be permitted to vote unless he shall be able, at the time of offering to vote, to read and also write his own name."

"I would deny to no man," said Mr. Dixon, "the right of voting solely on account of his color; but I doubt the propriety of permitting any man to vote, whatever his race or color, who has not at least that proof of intelligence which the ability to read and write furnishes."

"What is the test?" asked Mr. Saulsbury. "A person who can read and write. Is it his name, or only read and write?"

"His name," said one.

"Read and write his name!" continued Mr. Saulsbury. "A wonderful amount of education to qualify a man for the discharge of the high office and trust of voting! Great knowledge of the system of government under which we live does this impart to the voter!"

"If this were really an intelligence qualification," said Mr. Cowan, "I do not know what I might say; but of the fact that the ability of a man merely to write his own name and read it, is intelligence, I am not informed. To write a man's name is simply a mechanical operation. It may be taught to any body, even people of the most limited capacity, in twenty minutes; and to read it afterward certainly would not be very difficult."

"I understand the amendment to include," said Mr. Willey, "the qualification of reading generally, and also of writing his name; two tests, one the reading generally, and the other the writing his own name."

"Where is its precision?" asked Mr. Cowan; "where is it to end, and who shall determine its limits? I will put the case of a board belonging to the dominant party, and suppose they have the statute amended by my honorable friend from Connecticut before them, and a colored man comes forward and proposes to vote. They put to him the question, 'Can you write your name and read?' 'Oh, yes.' 'Well, let us see you try it.' He then writes his name and he reads it; and he is admitted if he is understood to belong to that party. But suppose, as has recently happened, that this dark man should come to the conclusion to vote on the other side, and it were known that he meant to vote on the other side, what kind of a chance would he have? Then the man of the dominant party, who desires to carry the election, says, 'You shall not only write your name and read it, but you must read generally. I have read the senatorial debates upon this question, and the honorable Senator from West Virginia, who originated this amendment, was of opinion that a man should read generally. Now, sir, read generally, if you please.' 'Well,' says he, 'what shall I read?' Read a section of the Novum Organum, or some other most difficult and abstruse thing, or a few sections from Okie's Physiology."

On the 13th of December, the last day of the discussion, Mr. Anthony occupied the chair during a portion of the session, and Mr. Foster took the floor in favor of the amendment proposed by his colleague. "The honorable Senator from Pennsylvania," said he, "from the manner in which he treats this subject, I should think, was now fresh from his reading of 'Much A-do about Nothing,' and was quoting Mr. Justice Dogberry, who said, 'To be a well-favored man is the gift of fortune, but to read and write comes by nature.' The Senator from Pennsylvania and others seem inclined to say, 'Away with writing and reading till there is need of such vanity.' I believe that the idea of admitting men to the elective franchise who can neither read nor write is going backward and downward.

"Who are the men who come forward to deposit their ballots in the ballot-boxes? They are the people of this country, to whom all questions must ultimately go for examination and correction. They correct the mistakes which we make, and which Congress makes, and which the Supreme Court makes. The electors at the ballot-boxes are the grand court of errors for the country. Now, sir, these Senators propose to allow men who can not read and write to correct our mistakes, to become members of this high court of errors.

"The honorable Senator from Massachusetts says he wants to put the ballot into the hands of the black man for his protection. If he can not read the ballot, what kind of protection is it to him? A Written or printed slip of paper is put into the hands of a man, black or white, and if he can not read it, what is it to him? What does he know about it? What can he do with it? How can he protect himself by it? As well might the honorable Senator from Massachusetts put in the hands of a child who knew nothing of firearms a loaded pistol, with which to protect himself against his enemies. The child would be much more likely to endanger himself and his friends by the pistol than to protect himself. A perfectly ignorant man who can not read his ballot is much more likely to use it to his own detriment, and to the detriment of the country, than he is to use it for the benefit of either."

"The argument in favor of making the right to vote universal," said Mr. Frelinghuysen, in making a second speech upon the question, "is that the ballot itself is a great education; that by its encouraging the citizen, by its inspiring him, it adds dignity to his character, and makes him strive to acquire learning. Secondly, that if the voting depended on learning, no inducement is extended to communities unfavorable to the right of voting in the colored man to give him the opportunity to learn; they would rather embarrass him, to prevent his making the acquisition, unless they were in favor of his voting; while if voting is universal, communities, for their own security, for their own protection, will be driven to establish common schools, so that the voter shall become intelligent."

Pursuing a similar line of thought, Mr. Wilson said: "Allow the black men to vote without this qualification and they will demand education, the school-houses will rise, school-teachers will be employed, these people will attend the schools, and the cause of education will be carried forward in this District with more rapidity than at any other period in its history. Give the negro the right of suffrage, and before a year passes round, you will see these men, who voted that they should not have the right to vote, running after them, and inquiring after the health of their wives and children. I do not think the Senator from Kentucky [Mr. Davis] will be examining their pelvis or shins, or making speeches about the formation of their lips, or the angle of their foreheads on the floor of the Senate. You will then see the Democracy, with the keen scent that always distinguishes that party, on the hunt after the votes of these black men, [laughter;] and if they treat them better than the Republicans do, they will probably get their votes, and I hope they will.

"And it will be just so down in these rebel States. Give the negroes of Virginia the right to vote, and you will find Wise and Letcher and the whole tribe of the secessionists undertaking to prove that from the landing at Jamestown in 1620 the first families of the Old Dominion have always been the champions and the special friends of the negroes of Old Virginia, and that there is a great deal of kindred between them, [laughter;] that they are relations, brethren; that the same red blood courses in the veins of many of them. They will establish all these things, perhaps by affidavits. [Laughter.] And I say to you, sir, they will have a good opportunity to get a good many of their votes, for in these respects they have the advantage of us poor Republicans."

Of the pending amendment, Mr. Hendricks said: "I propose to vote for it, not because I am in favor, as a general proposition, of an intelligence qualification for the right to vote, but because in this particular instance, I think it to be proper to prescribe it."

"I shall vote," said Mr. Lane, "to enfranchise the colored residents of this District because I believe it is right, just, and proper; because I believe it is in accordance with those two grand central truths around which cluster every hope for redeemed humanity, the common fatherhood of God above us and the brotherhood of universal mankind."

"The bill for Impartial Suffrage in the District of Columbia," said Mr. Sumner, "concerns directly some twenty thousand colored persons, whom it will lift to the adamantine platform of equal rights. If it were regarded simply in its bearings on the District it would be difficult to exaggerate its value; but when it is regarded as an example to the whole country under the sanction of Congress, its value is infinite. It is in the latter character that it becomes a pillar of fire to illumine the footsteps of millions. What we do here will be done in the disorganized States. Therefore, we must be careful that what we do here is best for the disorganized States.

"When I am asked to open the suffrage to women, or when I am asked to establish an educational standard, I can not on the present bill simply because the controlling necessity under which we act will not allow it. By a singular Providence we are now constrained to this measure of enfranchisement for the sake of peace, security, and reconciliation, so that loyal persons, white or black, may be protected and that the Republic may live. Here in the District of Columbia we begin the real work of reconstruction by which the Union will be consolidated forever."

The question was taken upon Mr. Dixon's amendment, which was lost; eleven voting for, and thirty-four against the proposition. The vote was then taken upon the bill to regulate the elective franchise in the District of Columbia. It passed the Senate, thirty-two voting in the affirmative, and thirteen in the negative.

On the following day, December 14th, the bill came before the House of Representatives and passed without discussion; one hundred and eighteen voting in the affirmative, and forty-six in the negative.

On the 7th of January, the President returned the bill to the Senate with his objections. The Veto Message was immediately read by the Secretary of the Senate.

The President's first objection to the bill was that it was not in accordance with the wishes of the people to whom it was to apply, they having "solemnly and with such unanimity" protested against it.

It seemed to the President that Congress sustained a relation to the inhabitants of the District of Columbia analogous to that of a legislature to the people of a State, and "should have a like respect for the will and interests of its inhabitants."

Without actually bringing the charge of unconstitutionality against this measure, the President declared "that Congress is bound to observe the letter and spirit of the Constitution, as well in the enactment of local laws for the Seat of Government, as in legislation common to the entire Union."

The Civil Rights Bill having become a law, it was, in the opinion of the President, a sufficient protection for the negro. "It can not be urged," said he, "that the proposed extension of suffrage in the District of Columbia is necessary to enable persons of color to protect either their interests or their rights."

The President argued that the negroes were unfitted for the exercise of the elective franchise, and "can not be expected correctly to comprehend the duties and responsibilities which pertain to suffrage. It follows, therefore, that in admitting to the ballot-box a new class of voters not qualified for the exercise of the elective franchise, we weaken our system of government instead of adding to its strength and durability. It may be safely assumed that no political truth is better established than that such indiscriminate and all-embracing extension of popular suffrage must end at last in its destruction."

The President occupied a considerable portion of his Message with a warning to the people against the dangers of the abuse of legislative power. He quoted from Judge Story that the legislative branch may absorb all the powers of the government. He quoted also the language of Mr. Jefferson that one hundred and seventy tyrants are more dangerous than one tyrant.

The statements of the President in opposition to the bill were characterized by Mr. Sherman as "but a resume of the arguments already adduced in the Senate," hence but little effort was made by the friends of the measure to reply.

Mr. Sherman, in noticing the President's statements in regard to the danger of invasions by Congress of the just powers of the executive and judicial departments, said, "I do not think that there is any occasion for such a warning, because I am not aware that in this bill Congress has ever assumed any doubtful power. The power of Congress over this District is without limit, and, therefore, in prescribing who shall vote for mayor and city council of this city it can not be claimed that we usurp power or exercise a doubtful power.

"There can be but little danger from Congress; for our acts are but the reflection of the will of the people. The recent acts of Congress at the last session, those acts upon which the President and Congress separated, were submitted to the people, and they decided in favor of Congress. Unless, therefore, there is an inherent danger from a republican government, resting solely upon the will of the people, there is no occasion for the warning of the President. Unless the judgment of one man is better than the combined judgment of a great majority, he should have respected their decision, and not continue a controversy in which our common constituency have decided that he was wrong."

The last speech, before taking the vote, was made by Mr. Doolittle. "Men speak," said he, "of universal negro suffrage as having been spoken in favor of in the late election. There is not a State in this Union, outside of New England, which would vote in favor of universal negro suffrage. When gentlemen tell me that the people of the whole North, by any thing that transpired in the late election, have decided in favor of universal, unqualified negro suffrage, they assume that for which there is no foundation whatever."

The question being taken whether the bill should pass over the President's veto, the Senate decided in the affirmative by a vote of twenty-nine yeas to ten nays.

The next day, January 8th, the bill was passed over the veto by the House of Representatives, without debate, by a vote of one hundred and thirteen yeas to thirty-eight nays. The Speaker then declared that notwithstanding the objections of the President of the United States, the act to regulate the elective franchise in the District of Columbia had become a law.



CHAPTER XXII.

THE MILITARY RECONSTRUCTION ACT.

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.

Soon after the passage of the bill extending the elective franchise in the District of Columbia, Congress was occupied in devising and discussing a practical and efficient measure for the reconstruction of the rebel States. The germ of the great "Act for the more efficient government of the rebel States" is to be found in the previous session of Congress in a proposition made by Mr. Stevens on the 28th of May "to enable the States lately in rebellion to regain their privileges in the Union."

The Constitutional Amendment had been eliminated in the Senate of features which Mr. Stevens regarded as of great importance. There was an indisposition on the part of the House to declaring by an act of Congress that the rebel States should be restored on the sole condition of their accepting and ratifying the Constitutional Amendment. The bill proposed by Mr. Stevens was designed by its author as a plan of restoration to take the place of the proposition which accompanied the Constitutional Amendment. This bill recognized the de facto State governments at the South as valid "for municipal purposes." It required the President to issue a proclamation within six months calling conventions to form legitimate State constitutions, which should be ratified by the people. All male citizens above twenty-one years of age should be voters, and should be eligible to membership in these constitutional conventions. All persons who held office under the "government called the Confederate States of America," or swore allegiance thereto, were declared to have forfeited their citizenship, and were required to be naturalized as foreigners before being allowed to vote. All citizens should be placed upon an equal footing in the reoerganized States.

On the 28th of July, the last day of the session, Mr. Stevens brought this bill to the notice of the House, without demanding any action upon it. He made a solemn and affecting appeal to the House, and insisted upon it as the great duty of Congress to give all loyal men, white and black, the means of self-protection. "In this, perhaps my final action," said he, "on this great question, upon careful review, I can see nothing in my political course, especially in regard to human freedom, which I could wish to have expurged or changed."

On the 19th of December, 1866, a few days after the reaessembling of Congress for the second session, Mr. Stevens called up his bill for the purpose of amending it and putting it in proper shape for the consideration of Congress after the holidays.

On the 3d of January, 1867, Mr. Stevens addressed the House in favor of his plan of reconstruction. "This bill," said he, "is designed to enable loyal men, so far as I could discriminate them in these States, to form governments which shall be in loyal hands, and may protect them from outrages."

As an amendment to this bill, Mr. Ashley, chairman of the Committee on Territories, offered a substitute which was intended to establish provisional governments in the rebel States.

Mr. Pike brought in review before the House three modes of dealing with the rebel States which had been proposed for the consideration and decision of Congress. The first was the immediate admission of the States into a full participation in the Government, treating them as if they had never been in rebellion. The second was "the let-alone policy, which would merely refuse them representation until they had adopted the constitutional amendments." The third mode was "the immediate action by Congress in superseding the governments of those States set up by the President in 1865, and establishing in their place governments founded upon loyalty and universal suffrage." The policy last mentioned was advocated by Mr. Pike. "It has got to be time for action," said he, "if we are to fulfill the reasonable expectations of the country during the life of this Congress."

On the 7th of January Mr. Stevens proposed to amend his bill by inserting a provision that no person should be disfranchised as a punishment for any crime other than insurrection or treason. He gave as a reason for proposing this amendment that in North Carolina, and other States where punishment at the whipping-post deprives the person of the right to vote, they were every day whipping negroes for trivial offenses. He had heard of one county where the authorities had whipped every adult negro they knew of.

On the 8th of January a speech was made by Mr. Broomall advocating the passage of the bill before the House. "Can the negro in the South preserve his civil rights without political ones?" he asked. "Let the convention riot of New Orleans answer; let the terrible three days in Memphis answer. In the latter city three hundred negroes, who had periled their lives in the service of their country, and still wore its uniform, were compelled to look on while the officers of the law, elected by white men, set their dwellings in flames and fired upon their wives and children as they escaped from the doors and windows. Their churches and school-houses were burned because they were their churches and school-houses. Yet no arrest, no conviction, no punishment awaits the perpetrators of these deeds, who walk in open day and boast of their enormities, because, forsooth, this is a white man's Government."

On the 16th of January the discussion was resumed. Mr. Paine first addressed the House. He opposed the second section of the bill, which recognized the de facto governments of the rebel States as valid for municipal purposes. "I am surprised," said he, "that the gentleman from Pennsylvania should be ready, voluntarily, to assume this burden of responsibility for the anarchy of murder, robbery, and arson which reigns in these so-called de facto governments. He may be able to get this fearful burden upon his back; but if he does, I warn him of the danger that the sands of his life will all run out before he will be able to shake it off. He will have these piratical governments on his hands voluntarily recognized as valid for municipal purposes until duly altered. He will have gratuitously become a copartner in the guilt which hitherto has rested upon the souls of Andrew Johnson and his Northern and Southern satellites, but which thenceforth will rest on his soul also until he can contrive duly to alter these governments. And so it will happen that the great Union party to which he belongs, and to which I belong, will become implicated, for how long a time God only knows, in this unspeakable iniquity which daily and hourly cries to Heaven from every rood of rebel soil for vengeance on these monsters."

Mr. Bingham moved to refer the two bills—that of Mr. Stevens and that of Mr. Ashley—to the Committee on Reconstruction. He opposed these bills as "a substantial denial of the right of the great people who saved this republic by arms to save it by fundamental law." He advocated the propriety of making the proposed Constitutional Amendment the basis of reconstruction. It had already received the ratification of the Legislatures representing not less than twelve millions of the people of this nation. The fact that all the rebel States which had considered the amendment in their Legislatures had rejected it did not invalidate this mode of reconstruction. "Those insurrectionary States," said he, "have no power whatever as States of this Union, and can not lawfully restrain, for a single moment, that great body of freemen who cover this continent from ocean to ocean, now organized States of the Union and represented here, in their fixed purpose and undoubted legal right to incorporate the amendment into the Constitution of the United States."

Mr. Bingham maintained that Congress has the power, without restriction by the Executive or the Supreme Court, to "propose amendments to the Constitutions, and to decide finally the question of the ratification thereof, as well as to legislate for the nation." "I look upon both these bills," said Mr. Bingham, "as a manifest departure from the spirit and intent of our Constitutional Amendment. I look upon it as an attempt to take away from the people of the States lately in rebellion that protection which you have attempted to secure to them by your Constitutional Amendment."

Mr. Dawson, in a speech of an hour's duration, maintained the doctrine, which he announced as that which had given shape to presidential policy, "that the attempt at secession having been suppressed by the physical power of the Government, the States, whose authority was usurped by the parties to the movement, have never, at any time, been out of the Union; and that having once expressed their acquiescence in the result of the contest and renewed their allegiance to the Union, they are, at the same time, restored to all the rights and duties of the adhering States."