History of the Thirty-Ninth Congress of the United States. William Horatio Barnes
rebellion would appear at Washington on the opening of the Thirty-ninth Congress, and demand recognition of their right to represent their constituents, all eyes were turned to observe the action which would be taken on the subject. It was anticipated that the question would be sprung at once, and that a season of storm and excitement would ensue, unparalleled in the political history of the nation. Since the American people are exceedingly fond of excitements and sensations, the expectation of trouble in Congress drew immense numbers to its galleries on the first day of the session. Lovers of sensation were doomed to disappointment. Correspondents and reporters for the press, who were prepared to furnish for the newspapers descriptions of an opening of Congress "dangerously boisterous," were compelled to describe it as "exceptionally quiet."
The cause of this unexpected state of things was the fact that the majority had previously come to the wise conclusion that it would not be well to pass upon the admission of Southern members in open session and amid the confusion of organization. As there was so much difference of opinion concerning the status of the communities recently in rebellion, and such a variety of considerations must be regarded in reaching wise conclusions, it was deemed advisable that the whole subject should be calmly and deliberately investigated by a select number of able and patriotic men from both Houses of Congress.
Accordingly, on the first day of the session, soon after the House was organized, Mr. Thaddeus Stevens offered the following important RESOLUTION:
"Resolved, by the Senate and House of Representatives in Congress assembled, that a joint committee of fifteen members shall be appointed, nine of whom shall be members of the House, and six members of the Senate, who shall inquire into the condition of the States which formed the so-called Confederate States of America, and report whether they or any of them are entitled to be represented in either House of Congress, with leave to report at any time by bill or otherwise; and until such report shall have been made, and finally acted upon by Congress, no member shall be received into either House from any of the said so-called Confederate States; and all papers relating to the representation of the said States shall be referred to the said committee without debate."
To avoid the delay occasioned by a protracted debate, Mr. Stevens called the previous question. The minority perceived the impossibility of preventing the final passage of the resolution, yet deemed it their duty to put it off as far as possible by their only available means—"dilatory motions." They first objected to the introduction of the resolution, under the rule that unanimous consent must be given to permit a resolution to come before the House without notice given on a previous day. To meet this difficulty, Mr. Stevens moved to suspend the rules to enable him to introduce the resolution. On this motion the yeas and nays were demanded. To suspend the rules under such circumstances required a two-thirds' vote, which was given—one hundred and twenty-nine voting for, and thirty-five against the motion. The rules having been suspended, the resolution was regularly before the House. A motion was then made to lay the resolution on the table, and the yeas and nays demanded. Thirty-seven were in favor of the motion, and one hundred and thirty-three against it. Before a call for the previous question is available to cut off debate, it must, by the rules of the House, be seconded by one-fifth of the members present. This having been done, the vote was taken by yeas and nays on the concurrent resolution submitted by Mr. Stevens. One hundred and thirty-three voted in favor of the resolution, and thirty-six against it, while thirteen were reported as "not voting." As this vote was on an important measure, and is significant as marking with considerable accuracy the political complexion of the House of Representatives, it should be given in detail.
The following are the names of those who voted "Yea:"
Messrs. Alley, Allison, Ames, Anderson, Baker, Baldwin,
Banks, Barker, Baxter, Beaman, Benjamin, Bidwell, Bingham,
Blow, Boutwell, Brandegee, Bromwell, Broomall, Buckland,
Bundy, Reader W. Clark, Sidney Clark, Cobb, Conkling, Cook,
Cullom, Culver, Darling, Davis, Dawes, Defrees, Delano,
Deming, Dixon, Donnelly, Driggs, Dumont, Eckley, Eggleston,
Eliot, Farnsworth, Ferry, Garfield, Grinnell, Griswold,
Hale, Abner C. Harding, Hart, Hayes, Henderson, Higby, Hill,
Holmes, Hooper, Hotchkiss, Asahel W. Hubbard, John H.
Hubbard, Chester D. Hubbard, Demas Hubbard, James R.
Hubbell, Hulburd, James Humphrey, Ingersoll, Jenckes,
Julian, Kasson, Kelley, Kelso, Ketchum, Kuykendall, Laflin,
Latham, George V. Lawrence, William Lawrence, Loan,
Longyear, Lynch, Marston, Marvin, McClurg, McIndoe, McKee,
McRuer, Mercur, Miller, Moorhead, Morrill, Morris, Moulton,
Myers, Newell, O'Neill, Orthe, Paine, Patterson, Perham,
Phelps, Pike, Pomeroy, Price, William H. Randall, Raymond,
Alexander H. Rice, John H. Rice, Rollins, Sawyer, Schenck,
Scofield, Shellabarger, Smith, Spaulding, Starr, Stevens,
Stilwell, Thayer, John L. Thomas, Trowbridge, Upson, Van
Aernam, Burt Van Horn, Robert Van Horn, Ward, Warner, Elihu
B. Washburne, Welker, Wentworth, Whaley, Williams, James F.
Wilson, Windom, and Woodbridge.
The following members voted "Nay:"
Messrs. Ancona, Bergen, Boyer, Brooks, Chanler, Dawson,
Denison, Eldridge, Finck, Glossbrenner, Goodyear, Grider,
Aaron Harding, Hogan, James M. Humphrey, Johnson, Kerr, Le
Blond, McCullough, Niblack, Nicholson, Noell, Radford,
Samuel J. Randall, Ritter, Rogers, Ross, Shanklin,
Sitgreaves, Strouse, Tabor, Taylor, Thornton, Trimble,
Winfield, and Wright.
The following are reported as "not voting:"
Messrs. Delos R. Ashley, James M. Ashley, Blaine, Farquhar,
Harris, Edwin N. Hubbell, Jones, Marshall, Plants, Rousseau,
Sloan, Francis Thomas, Voorhees, and William B. Washburn.
Thus the resolution passed the House. The immense size of this body required that, by stringent rule, debate should have limitation, and even sometimes be cut off altogether by the operation of previous question. This arrangement enabled skillful and resolute leaders to carry through this measure within an hour's time, whereas, in the Senate, a body of less than one-third the size, it passed after a delay of several days, and at the end of a discussion of considerable length.
On the day following the passage of the resolution in the House of Representatives, it was read in the Senate. Mr. Johnson, of Maryland, objecting to its being considered on the day of its reception, under a regulation of the Senate it was postponed.
After the lapse of a week, on Tuesday, December 12, the resolution was taken up for consideration in the Senate. Mr. Anthony moved to amend the enacting clause so as to change it from a joint resolution to a concurrent resolution, since, under its original shape, it would require the President's approval.
This amendment having been made, Mr. Anthony moved to further amend the resolution by striking out all after the word "otherwise." The following are the words proposed to be stricken out:
"And until such report shall have been made and finally acted on by Congress, no member shall be received into either house from any of the said so-called Confederate States; and all papers relating to the representation of said States shall be referred to the said committee without debate."
Mr. Howard, of Michigan, preferred the resolution as it came from the House of Representatives. "It contains within itself a pledge on the part of the two houses, that until the report of this important committee shall have been presented, we will not reädmit any of the rebel States, either by the recognition of their Senators or their Representatives. I think