of suffrage. This amendment was lost-yeas, 7; nays, 38. The vote was then taken upon the original amendment as reported by the joint Committee of Fifteen. The following was the result:

YEAS-Messrs. Anthony, Chandler, Clark, Conness, Cragin, Creswell, Fessenden, Foster, Grimes, Harris, Howe, Kirkwood, Lane of Indiana, McDougall, Morgan, Morrill, Nye, Poland, Ramsey, Sherman, Sprague, Trumbull, Wade, Williams, and Wilson—25.

NAYS-Messrs. Brown, Buckalew, Cowan, Davis, Dixon, Doolittle, Guthrie, Henderson, Hendricks, Johnson, Lane of Kansas, Nesmith, Norton, Pomeroy, Riddle, Saulsbury, Stewart, Stockton, Sumner, Van Winkle, Willey, and Yates-22.

ABSENT-Messrs. Foot, Howard, and Wright—3.

Two thirds of the Senators not having voted for the joint resolution, it was lost. The defeat of the proposed constitutional amendment was accomplished by the combination of five "Radical" Senators with six "Conservatives," elected as Republicans, whose vote, added to the regular Democratic strength, prevented its adoption by the required constitutional majority of two-thirds. The advocates of constitutional reform, though foiled in this attempt, were not disheartened. Their defeat taught them the important lesson that pet measures and favorite theories must be abandoned or modified in order to secure the adoption of some constitutional amendment to obviate difficulties of which all felt and acknowledged the existence.

Meanwhile other measures, designed to lead to the great end of reconstruction, were demanding and receiving the consideration of Congress.

CHAPTER XVI.

REPRESENTATION OF THE SOUTHERN STATES.

CONCURRENT RESOLUTION-A "VENOMOUS FIGHT"-PASSAGE IN THE HOUSETHE RESOLUTION IN THE SENATE "A POLITICAL WRANGLE" DEPRECATED— IMPORTANCE OF THE QUESTION-"A STRAW IN A STORM"-POLICY OF THE PRESIDENT-CONVERSATION BETWEEN TWO SENATORS-MR. NYE'S ADVICE TO REBELS-"A 'DANGEROUS POWER"-"WAS MR. WADE ONCE A SECESSIONIST?"-GARRETT DAVIS' PROGRAMME FOR THE PRESIDENT-"USELESS YET MISCHIEVOUS"-THE GREAT QUESTION SETTLED.

I

T was understood when the Committee of Fifteen introduced the joint resolution proposing a constitutional amendment relating to the basis of representation, that this was only one of a series of measures which they thought essential to the work of reconstruction, and which they designed to propose at a proper time.

In pursuance of this plan, on the 20th of February, the day after the veto of the Freedmen's Bureau Bill, and while the amendment of the basis of reconstruction was pending in the Senate, Mr. Stevens brought before the House, from the Committee of Fifteen, a "Concurrent Resolution concerning the Insurrectionary States," as follows:

"Be it resolved by the House of Representatives, (the Senate concurring,) That in order to close agitation upon a question which seems likely to disturb the action of the Government, as well as to quiet the uncertainty which is agitating the minds of the people of the eleven States which have been declared to be in insurrection, no Senator or Representative shall be admitted into either branch of Congress from any of said States until Congress shall have declared such State entitled to such representation."

After the reading of this resolution, Mr. Grider, of Kentucky, a member of the Committee of Fifteen, offered the following minority report:

"The minority of the Committee on Reconstruction, on the part of the House, beg leave to report that said committee have directed an inquiry to be made as to the condition and loyalty of the State of Tennessee. There has been a large amount of evidence taken, some part of it conducig to show that at some localities occasionally there have been some irregularities and temporary disaffection; yet the main direction and weight of the testimony are ample and conclusive to show that the great body of the people in said State are not only loyal and willing, but anxious, to have and maintain amicable, sincere, and patriotic relations with the General Government. Such being the state of the facts, and inasmuch as under the census of 1860 Congress passed a law which was approved in 1863, fixing the ratio and apportioning to Tennessee and all the other States representation; and inasmuch as Tennessee, disavowing insurrectionary purposes or disloyalty, has, under the laws and organic law of said State, regularly elected her members and Senators to the Congress of the United States, in conformity to the laws and Constitution of the United States, and said members are here asking admission; and inasmuch as the House by the Constitution is the 'judge of the election, returns, and qualification of its members,' considering these facts and principles, we offer the following resolution, to-wit:

Resolved, That the State of Tennessee is entitled to representation in the Thirty-ninth Congress, and the Representatives elected from and by said. State are hereby admitted to take their seats therein upon being qualified by oath according to law."

Mr. Stevens then said: "Having heard an ingenious speech upon that side of the question, and not intending to make any speech upon this side, as I hope our friends all understand a question which has agitated not this body only, but other portions of the community, I propose to ask for the question. I think I may say without impropriety, that until yesterday there was an earnest investigation into the condition of Tennessee, to see whether by act of Congress we could admit that State to a condition of representation here, and admit its members to seats here; but since yesterday there has arisen a state of things which the committee deem puts it out of their power to proceed further without surrendering a great principle; without the loss of all their dignity; without surrendering the rights of this body to the usurpation of another power. I call the previous question.”

Strenuous efforts were made by the Democratic minority to defeat the proposed joint resolution by means of " dilatory motions." Repeated motions were made to adjourn, to excuse certain members from voting, and to call the House, on all of which the yeas and nays were called. This "parliamentary tactics" consumed many hours. The minority seemed resolved to make the pas

sage of the resolution a question of physical endurance. In reply to a proposition of Mr. Eldridge, of the minority, that they would allow business to proceed if debate should be allowed, Mr. Stevens said: "It is simply the return of the rebels of 1861. I sat thirty-eight hours under this kind of a fight once, and I have no objections to a little of it now. I am ready to sit for forty hours."

Late in the evening, a member of the minority proposed that the House should take a recess for an hour, that the door-keeper might have the hall fitted up as adormitory. From indications, he thought such accommodations would be necessary. At length, Mr. Eldridge said: "We know our weakness and the strength and power of the numbers of the majority. We have not had the assistance which we expected from the other side of the House in our effort to obtain the privilege of debating the resolution. We know perfectly well that it has become a question of physical endurance. We know perfectly well that we can not stand out against the overpowering majority of this House any great length of time. We know if the majority will it, the resolution will pass without debate. We have done all we could. We therefore yield to that power, and throw the responsibility of this most extraordinary, thi most revolutionary measure, upor the majority of the House."

To this Mr. Stevens answered: "The gentlemen accept their situation just as Jeff. Davis did his-because they can not help it. [Laughter.] I confess, sir, for so small a number, they have made a most venomous fight."

The vote was then taken upon the concurrent resolution, which passed the House-yeas, 109; nays, 40.

The hopes which had arisen in the minds of the minority that a considerable number of Republicans would permanently separate themselves from the party that elected them, and adhere to the policy and fortunes of the President, were disappointed. The imprudence of the President himself, in making his unfortunate speech of the 22d of February, tended to unite the Republicans in Congress against his policy, and render fruitless the efforts of his new Democratic friends in his favor.

On the 23d of February, Mr. Fessenden proposed that the pending constitutional amendment should give way, to enable the Senate to consider the concurrent resolution passed by the House concerning the representation of the Southern States.

Mr. Sherman thought it would be better and wiser to allow this matter to lie over for a few days. He thought it best not to press this "declaration of political opinion" while the public mind and Senators themselves were more or less affected by surrounding circumstances. "I think," said he, "that we ought not to postpone all the important business now pending in Congress for the purpose of getting into a political wrangle with the President."

Mr. Fessenden replied: "The Senator from Ohio says we are getting up a political wrangle with the President of the United States. When the President of the United States tells Congress that it is transcending its proper limits of authority, that it has nothing to do in the way of judgment upon the great question of reconstructing the rebel States, and Congress assumes to express its own sense upon that question, I think it is hardly a proper term to apply to such a state of things. I am not aware that there has been any effort anywhere to get up a political wrangle or engage in a political wrangle with the President. Certainly I have not. No man has ever heard me speak of him except in terms of respect, in my place here and elsewhere.

"I am not sensible myself of any excitement that would prevent my speaking upon this question precisely in the style which I deem it deserves. I am not carried away by passion. I have reflected, and I am ready to express my opinion upon the great question at issue; and the Senator will allow me to say that, in my judgment, the sooner the judgment of Congress is expressed, the better.

"He talks about important business to be done by this Congress. Sir, is there any thing more important than to settle the question whether the Senate and the House of Representatives of the United States have or have not something to say in relation to the condition of the late Confederate States, and whether it is proper to admit Senators and Representatives from them? If the President is right in his assumption-for the assumption is a very clear one-that we have nothing to say, we ought to admit these men at once, if they come here with proper credentials, and not keep them waiting outside the door."

Mr. Sherman said: "In my judgment, the events that transpired yesterday are too fresh in the mind of every Senator not to have had some influence upon him, and I think it as well