Twenty Years of Congress, Volume 2 (of 2)

J >> James Gillespie Blaine >> Twenty Years of Congress, Volume 2 (of 2)

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Both concessions reserved "the salmon and shad fisheries and all
fisheries in rivers and the mouths of rivers."]

[(3) The following is a complete list of the articles to be admitted to
either country from the other _free of all duty:_--

Grain, flour, and breadstuffs of all kinds; animals of all kinds;
fresh, smoked, and salted meats; cotton-wool, seeds, and vegetables;
undried fruits, dried fruits; fish of all kinds; products of fish, and
of all other creatures living in the water; poultry, eggs; hides, furs,
skins, or tails, undressed; stone or marble, in its crude or unwrought
state; slate; butter, cheese, tallow; lard, horns, manures; ores of
metals, of all kinds; coal; pitch, tar, turpentine, ashes; timber and
lumber of all kinds, round, hewed, and sawed, unmanufactured in whole
or in part; fire-wood; plants, shrubs, and tress; pelts, wool; fish-oil;
rice, broom-corn, and bark; gypsum, ground or unground; hewn, or
wrought, or unwrought burr or grindstones; dyestuffs; flax, hemp, and
tow, unmanufactured; unmanufactured tobacco; rags.]

[(4) Article XXII. of the Treaty of Washington is as follows: "Inasmuch
as it is asserted by the Government of her Brittanic Majesty that the
privileges accorded to the citizens of the United States under Article
XVIII. of this treaty are of greater value than those accorded by
Articles XIX. and XXI. of this treaty to the subjects of her
Britannic Majesty, and this assertion is not admitted by the Government
of the United States, it is further agreed that Commissioners shall be
appointed to determine, having regard to the privileges accorded by
the United States to the subjects of her Brittanic Majesty, as stated
in Articles XIX. and XXI. of this treaty, the amount of any
compensation which, in their opinion, ought to be paid by the
Government of the United States to the Government of her Britannic
Majesty in return for the privileges accorded to the citizens of the
United States under Article XVIII. of this treaty; and that any sum of
money which the said Commission may so award shall be paid by the
United States Government, in a gross sum, within twelve months after
such award shall have been given."]

[(5) The following is the text of the bill appropriating the amount
necessary to pay the award:--

"That the sum of five and one-half million dollars, in gold coin, be,
and the same is hereby, appropriated, out of any money in the Treasury
not otherwise appropriated, and placed under the direction of the
President of the United States, with which to pay to the Government
of her Britannic Majesty the amount awarded by the fisheries
commission, lately assembled at Halifax in pursuance of the Treaty of
Washington, if, after correspondence with the British Government on
the subject of the conformity of the award to the requirements of the
treaty and to the terms of the question thereby submitted to the
commission, the President shall deem it his duty to make the payment
without further communication with Congress."]

CHAPTER XXVIII.

The last session of the Forty-fifth Congress closed without making
provision for the expenses of the Legislative, Executive and Judicial
departments, or for the support of the army. Differences between the
two branches as to points of independent legislation had prevented an
agreement upon the appropriation bills for these imperative needs of
the Government. President Hayes therefore called the Forty-sixth
Congress to meet in extra session on the 18th of March (1879). His
Administration had an exceptional experience in assembling Congress
in extra session. In time of profound peace, with no exigency in the
public service except that created by the disagreement of Senate and
House, he had twice been compelled to assemble Congress in advance of
its regular day for meeting.

The House was organized by the re-election of Mr. Randall as Speaker.
He received 143 votes to 125 for James A. Garfield, while 13 members
elected as Greenbackers cast their votes for Hendrick B. Wright of
Pennsylvania. Among the most prominent of the new members were George
M. Robeson from the Camden district of New Jersey, who proved to be
as strong in parliamentary debate as he was known to be in argument at
the bar; Levi P. Morton from one of the New-York City districts, who
had all his life been devoted to business affairs and who had achieved
a high reputation in banking and financial circles; Warner Miller from
the Herkimer district, who was extensively engaged as a manufacturer
and had already acquired consideration by his service in the New-York
Legislature; Richard Crowley from the Niagara district, a well-known
lawyer in Western New York.

--Henry H. Bingham came from one of the Philadelphia districts with an
unusually good record in the war, which he entered as a lieutenant
in a Pennsylvania regiment and left with the rank of _brevet_
Brigadier-General. He served on the staff of General Hancock and was
wounded in three great battles.--John S. Newberry was a successful
admiralty lawyer from the Detroit district.--Roswell G. Horr, from one
of the Northern districts of Michigan, became widely known as a ready
and efficient speaker with a quaint and humorous mode of argument.

Thomas L. Young came from one of the Cincinnati districts. He was a
native of Ireland, a private soldier in the Regular Army of the United
States before the war, Colonel of an Ohio regiment during the war,
and was afterwards elected Lieutenant-Governor of Ohio on the ticket
with Rutherford B. Hayes.--Frank H. Hurd, an earnest and consistent
advocate of free trade, entered again from the Toledo district.--A. J.
Warner, distinguished for his advocacy of silver, came from the
Marietta district.

--William D. Washburn, a native of Maine but long a resident in the
North-West, came as the representative of the Minneapolis district. Of
seven brothers, reared on a Maine farm, he was the fourth who had sat
in the House of Representatives. Israel Washburn represented Maine,
Elihu B. Washburne represented Illinois, Cadwalader C. Washburne
represented Wisconsin. They were descended of sturdy stock and
inherited the ability and manly characteristics which had received
consideration in four different States.

The Democratic ascendency in the South had become so complete that out
of one hundred and six Congressional districts the opposition had only
been able to elect four representatives,--Leonidas C. Houck from East
Tennessee, Daniel L. Russell of North Carolina, Milton G. Urner of
Maryland, and Joseph Jorgensen of Virginia. These were the few
survivors in a contest waged for the extermination of the Republican
party in the South.

Among the new senators were some well-known public men:--

John A. Logan took his seat as the successor of Governor Oglesby. He
had been absent from the Senate two years, and returned with the
renewed endorsement of the great state which he had faithfully served
in war and peace. He had been in Congress before the rebellion. He
was first a candidate for the House of Representatives in the year of
the famous contest between Lincoln and Douglas, and was a partisan
supporter and personal friend of the latter. He changed his political
relations when he found himself summoned to the field in defense of the
Union. General Logan's services at that time were peculiarly
important. He lived in that section of Illinois whose inhabitants were
mainly people of Southern blood, and whose natural sympathies might
have led them into mischievous ways but for his stimulating example
and efforts. The Missouri border was near them on the one side, the
Kentucky border on another, and if the Southern Illinoisans had been
betrayed, in any degree, into a disloyal course the military operations
of the Government in that section would have been greatly embarrassed.
General Logan did not escape without misrepresentation at that critical
time, but the impartial judgment of his countrymen has long since
vindicated his course as one of exceptional courage and devoted
patriotism. His military career was brilliant and successful, and his
subsequent course in Congress enlarged his reputation. Indeed no man
in the country has combined a military and legislative career with the
degree of success in both which General Logan has attained.

--George H. Pendleton, who had served in Congress during the
administrations of Mr. Buchanan and Mr. Lincoln, retired temporarily
from public life after his unsuccessful canvass for the Vice-Presidency
on the ticket with General McClellan in 1864. He was the Democratic
candidate for Governor of Ohio in 1869, against Rutherford B. Hayes,
and now returned to the Senate as the successor of Stanley Matthews.
He entered with the advantage of a long career in the House, in which,
as the leader of the minority during the war, he had sustained himself
with tact and ability.

--Nathaniel P. Hill, a native of New York, a graduate of Brown
University and afterwards professor of chemistry in the same
institution, a student of metallurgy at the best schools in Europe,
became a resident of Colorado as manager of a smelting company, in
1867. He soon acquired an influential position in that new and
enterprising State, and now took his seat in the Senate as the
successor of Mr. Chaffee.

--Henry W. Blair, already well known by his service in the House, now
entered the Senate; and Orville H. Platt of Connecticut, who had never
served in Congress, came as the successor of Mr. Barnum.

Southern men of note were rapidly filling the Democratic side of the
Senate chamber: Wade Hampton had taken a very conspicuous part in the
Rebellion, had assisted in its beginning when South Carolina was
hurried out of the Union. He immediately joined the Confederate Army,
where he remained in high command until the close of the war, after
which he took active part in the politics of his State and was elected
to the Governorship in 1876. An extreme Southern man in his political
views, he was in all private relations kindly and generous. His
grandfather Wade Hampton was engaged in two wars for the Union which
the grandson fought to destroy. He was with the men of Sumter and
Marion during the Revolutionary war, and was a major-general in the war
of 1812, commanding in Northern New York. At his death in 1835 he was
believed to be the largest slave-holder in the United States, owning
it was said three thousand slaves.

--George G. Vest, a native of Kentucky, was one of the few gentlemen
who had occupied the somewhat anomalous position of representing in the
Confederate Congress a State that had not seceded. He was a member of
both House and Senate at Richmond. He was a good debater, of what is
known as the Southern type; logical, direct, forcible, withal showing
certain peculiarities of style and phrase characteristic of graduates
from Transylvania University.

--Zebulon B. Vance was born and reared in Buncombe County, North
Carolina. He belonged originally to that conservative class of
Southern Whigs whose devotion to the Union was considered steadfast
and immovable. He was a representative in Congress during Mr.
Buchanan's Administration, adhering to the remnant of the Whig party,
which went under the name of "American" in the South. He joined the
Confederate Army immediately after the war began, and a year later was
elected Governor of his State. He became extensively known through the
North, first by the rumors of his disagreements with Jefferson Davis
during the war, and afterwards by Horace Greeley's repeated reference,
in the campaign of 1872, to his "political disabilities" as an
illustration of Republican bigotry. He has been noted as a stump-speaker
and as an advocate. Since the war he has been so pronounced a partisan
as in some degree to lessen the genial humor which had always been
one of his leading personal traits.

--John S. Williams of Kentucky succeeded Thomas C. McCreery in the
Senate. He had gained much credit when only twenty-seven years of age
as Colonel of a Kentucky regiment in the Mexican war; but when the
rebellion broke out he joined the Confederates and served as a
Brigadier-General in the army of General Joseph E. Johnston. It was
said of him, as of many other Southern men of character and bravery,
that they had gallantly borne the flag of the Union in foreign lands
and the flag of Disunion at home. The genial nature of General
Williams won for him in Congress many friends beyond the line of his
own party.

Mr. Chandler of Michigan succeeded Mr. Delano as Secretary of the
Interior in the Cabinet of President Grant in the autumn of 1875, a
few months after his retirement from the Senate. He returned to the
Senate in less than two years from the close of President Grant's
Administration. Mr. Christiancy resigned to accept the mission to
Peru, and Mr. Chandler resumed his old seat on the 22d of February,
1879. He exhibited his full strength, physically and mentally, taking
active part at once in the debates, and in the extra session of March,
1879, assuming to a large extent the lead. In the long discussion on
the Army Bill he made a brief speech, which for force and point
excelled any of his previous efforts. In the campaigns of the ensuing
summer and autumn he was invited to almost every Northern State, and
exerted himself for too long a period. He died suddenly at Chicago on
the night of November 1, after having addressed a vast audience in the
evening. He had nearly completed his sixty-sixth year, and was
apparently in the vigor of life. His active political career embraced
about twenty-five years, and was added to a business life of unusual
industry and prosperity. The appreciation of his public character and
the strong attachment of his personal friends were shown in the
eulogies pronounced in both Senate and House. At the moment of his
death, Mr. Chandler had no doubt the most commanding political position
he ever held. He was a man of strong intellect, strong will, and
rugged integrity.

For the first time since the Congress that was chosen with Mr. Buchanan
in 1856, the Democratic party was in control of both branches. In the
House, with their Greenback allies, they had more than thirty majority;
in the Senate they had six. But under a Republican President they
were able to do little more than they had already effected with their
control of the House. With one branch they could hold in check any
legislation to which they were opposed, and even with the control of
both branches, if they fell short of two-thirds in either they could be
checked in any legislation which was in conflict with the
Constitutional views and opinions of the President. There was,
however, a certain line of legislation to which the mass of Republicans
might be opposed, and which might at the same time harmonize with the
conservative views of the President. And this they could accomplish.

The main point of difference which had caused the failure of the Army
Bill in the previous Congress was an amendment insisted upon by the
Democratic majority in the House concerning "the use of troops at the
polls," as the issue was popularly termed. It would be unjust to the
Republicans to say that they demanded military aid with the remotest
intention of controlling any man's vote. It was solely with the
purpose of preventing voters from being driven by violence from the
polls. But as has been already set forth in these pages, public
opinion in the United States is hostile to any thing that even in
appearance indicates a Government control at elections, and most of all
a control by the use of the military arm. The majority of Republicans
seemed to prefer that voters by the thousand should be deprived by
violence of the right of suffrage, rather than that their rights should
be protected by even the semblance of National authority present in the
person of a soldier.

It was demonstrated in the debate that it was only the semblance of
National authority which was present in the South. The number of
troops scattered at various points through the Southern States was not
as large as the number of troops in the Northern States, and, as was
readily shown, did not amount on an average to one soldier in each
county of the States that had been in rebellion. But this fact seemed
to have no weight; and the Democrats, having a majority in both
Senate and House, now appended to the Army Appropriation Bill the
amendment upon which the House had insisted the previous session:
"that no money appropriated in this act is appropriated or shall be
paid for the subsistence, equipment, transportation or compensation
of any portion of the Army of the United States to be used as a police
force to keep peace at the polls at any election held within any
State." As this enactment was in general harmony with the Southern
policy indicated by President Hayes upon his inauguration, he approved
the bill; and the elections in several of the Southern States were
thenceforth left, not to the majority of the voters, but to the party
which had the hardihood and the physical resources to decree any
desired result. But it was well known to all familiar with political
struggles in the South that the white men were not required to use
force after the protection of the National Government was withdrawn.
Colored voters were not equal to the physical contest necessary to
assert their civil rights, and thenceforward personal outrages in large
degree ceased. The peace which followed was the peace of forced
submission and not the peace of contentment. Even that form of peace
was occasionally broken by startling assassinations for the purpose of
monition and discipline to the colored race.

The reform of the Civil Service of the National Government occupied a
considerable share of public attention during the administration of
President Grant and was still further advanced under President Hayes.
The causes which led to the necessity of reform are more easily
determined than the measures which will effect a cure of admitted
evils. When the Federal Government was originally organized, the
President and Vice-President, Senators and Representatives, were
specifically limited in their term of service. The Federal judges
were appointed for life. All other officers were appointed without
any limit as to time, but, according to the decision of Congress, were
removable at pleasure by the Executive. During the administrations of
General Washington and John Adams, covering the first twelve years of
the Federal Government, there were practically no removals at all.
Partisan spirit was developed in the contest of 1800 and the change of
public opinion installed Mr. Jefferson as President.

There is no reason to doubt that Mr. Jefferson's personal views in
regard to removals from office were as conservative as those of his
two predecessors, but he was beset for place in an extraordinary manner
by the hosts of eager applicants who claimed to have contributed to his
triumph over John Adams, and who, like their successors in the later
days of the Republic, demanded their reward. Mr. Jefferson,
entertaining the belief that it was not fair that all the offices
should be held by Federalists, began a series of removals. There was
great outcry against this course by conservative men, who were averse
to the removal of competent and faithful public servants; and before
Mr. Jefferson had proceeded far in his scheme of equalization it became
widely known, through a letter which he had written in defense of his
course in removing the Collector of Customs at New Haven, that he was
intending to remove only a sufficient number to give his own supporters
a fair proportion of places under the Government.

As soon as this design was perceived it seems to have occurred to the
office-holders, most of whom had taken no decided stand upon political
issues, that they could effect the partition more readily than Mr.
Jefferson, by simply avowing themselves to be members of the party that
had elected him. There were certainly many instance of political
conversion among the office-holders of a character which would to-day
subject the incumbents of Federal places to personal derision and
public contempt. But the effect was undoubted; for between the clamor
of those opposed to the system of removal and the ready transfer of
political allegiance on the part of those already in place, Mr.
Jefferson abandoned the whole effort to change the public service
_after the removal of forty-seven officers_. Thenceforward, under his
administration and under the administrations of Mr. Madison and Mr.
Monroe, removals were so few as scarcely to be noted, and were made
only upon the proof or the presumption of a justifying cause.

In 1820 a change was wrought which ultimately affected, to a serious
extent, the tenure of office under the General Government. Thirty-one
years had passed since the Constitution was adopted, and during that
whole period there had only been some sixty-five removals from office.
It was inevitable, therefore, that a considerable proportion of the
incumbents had by reason of age become somewhat unfit for the discharge
of their duties. Many of them were Revolutionary officers and
soldiers, the youngest of whom must have been verging upon threescore
and ten. No provision had yet been made for retiring disabled officers
of the army, and pensioning the civil list was not even dreamed of.
What, then, should be done with these old men who had been holding
office for so long a period? Mr. Monroe was opposed, on principle, to
removals from office, and was too kindly disposed to disturb men who
had strong patriotic claims, and who had personal need of the
emoluments they were receiving.

As the Executive Department would take no step for relief, Congress
initiated action, and passed a bill which Mr. Monroe approved on the
15th of May, 1820, declaring that "all district attorneys, collectors
of customs, naval officers and surveyors of customs, navy agents,
receivers of public monies for lands, registers of the land offices,
paymasters in the army, the apothecary-general, the assistant
apothecaries-general, the commissary-general of purchases, to be
appointed under the laws of the United States, shall be appointed for
the term of four years, and shall be removable from office at
pleasure." It was further enacted that all commissions of these
officers bearing date prior to September 30, 1814, "shall cease and
expire on the day of their dates occurring next after the following
30th of September;" and others were made to expire after four years
from the date thereof.

The Cabinet of Mr. Monroe contained at that time three able men, each
ambitious for the Presidency--John Quincy Adams, Secretary of State;
William H. Crawford, Secretary of the Treasury; John C. Calhoun,
Secretary of War. As there was much opposition to the four-year law,
the friends of Mr. Calhoun and of Mr. Adams united in imputing its
authorship to Mr. Crawford, whose Department included far the largest
share of Executive patronage. The accusation was openly made that
Mr. Crawford intended to use the offices of the Treasury Department to
promote his political fortunes; and the friends of Mr. Calhoun and of
Mr. Adams, seeing that their chiefs had no corresponding number of
offices to dispose of, found their resource in virtuous denunciation of
the selfish schemes projected by Mr. Crawford. But there appears to
have been no substantial ground for the imputation--the official
registers of the United States showing that between the date of the
Act and the year 1824 (when Mr. Crawford's candidacy was expected to
ripen) only such changes were made in the offices of the Treasury
Department as might well have been deemed necessary from causes of age
and infirmity already referred to. Besides, Mr. Crawford during all
this period was in ill-health, with ambition chastened, and strength
constantly waning.

President John Quincy Adams, following Mr. Monroe, maintained the
conservative habit already established as to removals,--depriving very
few officers of their commissions during the four years of his term,
and those only for adequate cause. With the inauguration of General
Jackson in 1829, and the appointment of Mr. Van Buren as Secretary of
State, the practice of the Government was reversed, and the system of
partisan appointments and removals, familiar to the present generation,
was formally adopted. It became an avowed political force in those
States where the patronage of the Government was large. It had no
doubt a special and potential influence in the political affairs of
New York where the system had its chief inspiration, where the
"science" of carrying elections was first devised and has since been
continuously improved. The system of partisan removals was resisted
by Mr. Clay, Mr. Calhoun, Mr. Webster, and all the opponents of the
Democratic party as then organized; but it steadily grew, and became
the recognized rule under the well-known maxim proclaimed by Mr.
Marcy in the Senate of the United States in 1832: "_To the victors
belong the spoils_." In two years President Jackson had made ten
times as many removals as all his predecessors had made in forty years.