By a vote of 29 to 10 the joint resolution was passed on February 4. In the record the names of Cowan, Doolittle, Harris, Howe, Lane of Kansas, Nesmith, Saulsbury, Ten Eyck, Van Winkle and Willey appear in opposition.1

For the purpose of canvassing the electoral votes, both Houses assembled in joint convention four days later, February 8, 1865. The Vice-President in discharge of his duty proceeded to open and hand to the tellers the votes of the several States, beginning with Maine. No one dissenting it was agreed on a suggestion by Senator Wade to dispense with the reading of everything in the certificate except the result of the vote.

When all the votes had been recorded, Cowan said: "Mr. President, I inquire whether there are any further returns to be counted." The Vice-President replied in the negative. To his former question Mr. Cowan then added, "And if there be, I would inquire why they are not submitted to this body in joint convention, which is alone capable of determining whether they should be counted or not." The VicePresident acknowledged that he had in his possession returns from the States of Louisiana and Tennessee, but in obedience to the law of the land "the Chair holds it to be his duty not to present them to the convention." The Pennsylvania Senator thereupon inquired whether the joint resolution had been signed by the President, and was informed that while the official communication of its approval had not been received by either House, the Chair had been apprised that the resolution had received the Executive approval.

Cowan then suggested that, as a motion was not in order, the votes of Louisiana and Tennessee be counted, and that the convention determine the fact. Representative Cox immediately recommended the reading of the joint rule under which both Houses were then acting. On being directed by 'Globe, Part I., 2 Sess. 38th Cong., p. 595.

the Vice-President the secretary complied with this suggestion.

Thaddeus Stevens did not think any question had arisen which required the two Houses to separate, for that, according to the language of the joint resolution, could only occur upon the reading of those returns which had been opened by the president of the convention.

Mr. Cowan did what he could to bring the question before the two Houses, and failing, withdrew it. The result, after some further effort to call up the returns from Louisiana and Tennessee, was then announced. The tellers reported that for President of the United States Abraham Lincoln had received 212, and George B. McClellan 21 votes; that for Vice-President Andrew Johnson had received 212, and George H. Pendleton 21 votes.1

On February 10 the president pro tempore laid before the Senate the following communication from Mr. Lincoln: To the honorable the Senate and House of Representatives:

The joint resolution entitled "Joint resolution declaring certain States not entitled to representation in the Electoral College" has been signed by the Executive, in deference to the view of Congress implied in its passage and presentation to him. In his own view, however, the two Houses of Congress, convened under the twelfth article of the Constitution, have complete power to exclude from counting all electoral votes deemed by them to be illegal; and it is not competent for the Executive to defeat or obstruct that power by a veto, as would be the case if his action were at all essential in the matter. He disclaims all right of the Executive to interfere in any way in the matter of canvassing or counting electoral votes, and he also disclaims that, by signing said resolution, he has expressed any opinion on the recitals of the preamble, or any judgment of his own upon the subject of the resolution.'

Except for a brief speech by Reverdy Johnson this message was received in silence by the Senate. Mr. Johnson commented upon the extraordinary course of the President, whose

'The subject of the counting of the electoral votes will be found in the Congressional Globe, Part I., 2 Sess. 38th Cong., pp. 668-669. 'Globe, Part I., 2 Sess. 38th Cong., p. 711.

duty, he said, was clearly to approve or to disapprove, not virtually to read a lecture to the Senate as he had done. The Maryland member did not doubt that the motives of the President were perfectly correct and patriotic, but it was not the first time, he asserted, that that had been done. The bill for the reconstruction of the seceded States passed both Houses by an overwhelming majority; but it was defeated by the President's failure to approve, and the adjournment of Congress before ten days elapsed. In his manifesto or proclamation he approved portions and disapproved others.1

Short as this paper was, however, it was entirely characteristic of the President. This little lesson in constitutional law is only another proof that Mr. Lincoln possessed in an eminent degree the faculty of seeing clearly through the most intricate question. His disposal of this difficulty as well as his reflections on Congress remind one of the facility with which he straightened out for General Butler the liquor problem at Norfolk. The succeeding chapter will describe another phase of the controversy between the political departments of the Government.

'Globe, Part I., 2 Sess. 38th Cong., p. 711.

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X

SENATE DEBATE ON LOUISIANA

T the opening of its second session, December 5, 1864, the Speaker of the Thirty-eighth Congress laid before the House the credentials of W. D. Mann, T. M. Wells, Robert W. Taliaferro, A. P. Field and M. F. Bonzano, who claimed seats as Representatives from the State of Louisiana. A petition, signed by numerous citizens of that commonwealth, protesting against the admission of these claimants, was referred at the same time on motion of Henry Winter Davis to the Committee of Elections in connection with their credentials, which had already received the same direction. On the 13th this remonstrance was ordered to be printed.

Mr. Dawes on February 11 following reported that "M. F. Bonzano is entitled to a seat in this House as a Representative from the First Congressional District of Louisiana." Six days later he presented a report and resolutions from his committee to the effect that Messrs. Field and Mann from the Second and Third Districts, respectively, were also entitled to seats. These reports with the accompanying resolutions were laid on the table and ordered to be printed.

No further action was taken on the question of their admission, but on March 3, 1865, Chairman Dawes by unanimous consent reported from the Committee of Elections a resolution that there be paid to each of the Louisiana claimants for compensation, expenses and mileage the sum of

$2,000 and a like amount to T. M. Jacks, J. M. Johnson and A. A. C. Rogers, claimants from Arkansas.

The House, however, was not nearly so unanimous as its committee. Mr. Washburne remarked that Congress, by allowing at the last session the sum of $1,500 to one gentleman who claimed a seat, had fixed a sort of rule in such cases. That amount he would, probably, not object to paying to the present applicants; but if large payments, such as the compensation proposed by the resolution, were made to men coming to the Capitol it was feared they might not soon stop.

Representative Johnson, of Pennsylvania, believed that regardless of their right to seats they should be compensated because they had been encouraged to come; they appeared at the Capitol, he asserted, with an honest expectation of getting seats, and in an honest effort to restore popular government to their States.

Mr. Dawes declared that they came not as adventurers but under what they supposed was the policy of the General Government; hence the favorable recommendation of the committee. When he demanded the previous question, Representative Brandegee moved to lay the resolution on the table. Thaddeus Stevens asked to strike out the words "claimants for seats." To this the Massachusetts member offered no objection. "I do not want to recognize the idea," added Stevens, "that anybody on earth thinks that these men are entitled to seats." This request, however, was denied, and the resolution was then adopted.

1

It was during their three months' sojourn in Washington that one of the claimants, A. P. Field, committed an assault upon Representative William D. Kelley, of Pennsylvania, whom he regarded as the chief obstacle to their admission. This occurrence, which took place on February 20 at the Willard Hotel, was due, no doubt, to the artificial excitement 1 Globe, Part II., 2 Sess. 38th Cong., p. 1395.