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when he said that he would do such an act on the complaint of a negro against him."

To this Mr. Rousseau, on the following day, replied: "I pronounce the assertion that I have degraded my State and uttered a sentiment unworthy an American officer to be false, a vile slander, and unworthy to be uttered by any gentleman upon this floor."

Some months after this, Mr. Rousseau, in a public speech delivered in New York city, denounced Mr. Grinnell as a "pitiable politician from Iowa." In a speech made in the House on the 11th of June, Mr. Rousseau said of Mr. Grinnell: "I do not suppose that any member of this House believed a word he said. When a member can so far depart from what every body believes he ought to know and does know is the truth, it is a degradation, not to his State, but to himself."

"When any man," replied Mr. Grinnell-"I care not whether he stands six feet high, whether he wears buff and carries the air of a certain bird that has a more than usual extremity of tail, wanting in the other extremity-says that he would not believe what I utter, I will say that I was never born to stand under an imputation of that sort.

"The gentleman begins courting sympathy by sustaining the President of the United States preparatory to his assault upon me. Now, sir, if he is a defender of the President of the United States, all I have to say is, God save the President from such an incoherent, brainless defender, equal in valor in civil and in military life. His military record who has read it? In what volume of history is it found?"

Mr. Rousseau determined to resent the insult which he conceived to be offered him in this speech by inflicting a bodily chastisement upon Mr. Grinnell. On the morning of June 14th, Mr. Rousseau informed a military friend of his purpose of flogging Mr. Grinnell. The person so informed procured a pistol and waited in the capitol until the close of the day's session, in order to be present at the flogging and see "fair play." Two other friends of Mr. Rousseau, also armed with pistols, happened to be present when the scene transpired. While Mr. Grinnell was passing from the House through the east portico of the capitol, he was met by Mr. Rousseau, who, in an excited manner,

said, "I have waited four days for an apology for words spoken here upon this floor."

"What of that?" asked Mr. Grinnell,

"I will teach you what of that," said Mr. Rousseau, who then proceeded to strike Mr. Grinnell about the head and shoulders with a rattan, stopping occasionally to lecture him, and saying, "Now, you d-d puppy and poltroon, look at yourself."

After receiving half a dozen blows, Mr. Grinnell exclaimed, “I don't want to hurt you."

"I don't expect you to hurt me, you d-d scoundrel," said Mr. Rousseau, "but you tried to injure me upon the floor of the House. And now look at yourself; whipped here; whipped like a dog, disgraced and degraded! Where are your one hundred and twenty-seven thousand constituents now?"

A committee was appointed to investigate this disgraceful affair. In just one month after the transaction, a report was presented, signed by Messrs. Spalding, Banks, and Thayer, stating the facts in the case, and recommending the expulsion of Mr. Rousseau. They also proposed a resolution to express disapproval of the reflections made by Mr. Grinnell upon the character of Mr. Rousseau. The "views of the minority" were also presented by Messrs. Raymond and Hogan. They recommended that the punishment of Mr. Rousseau should be a public reprimand by the Speaker. After protracted discussion, the House came to a final decision. The motion to expel, requiring two-thirds, failed by a few votes. The motion by which the Speaker was directed to publicly reprimand Mr. Rousseau was carried by a vote of 89 to 30. There were not enough in favor of the motion to disapprove of Mr. Grinnell's remarks to call the and noes. ayes Mr. Rousseau endeavored to evade the execution of the sentence by sending his resignation to the Governor of Kentucky. The House declared that a member could not dissolve his connection with the body under such circumstances, without its consent. On the 21st of July, the execution of the order was of the House having been demanded, Mr. Rousseau appeared at the bar, when the Speaker said, "General Rousseau, the House of Representatives have declared you guilty of a violation of its rights and privileges in a premeditated personal assault upon a member for words spoken in debate. This condemnation they have placed on their journal, and have ordered that you shall be publicly rep

rimanded by the Speaker at the bar of the House. No words of mine can add to the force of this order, in obedience to which I now pronounce upon you its reprimand.”

Early in the second session of the Thirty-ninth Congress, an interesting case came up relating to the privileges and immunities of a member of Congress. Charles V. Culver, Representative of the Twentieth District of Pennsylvania, having been engaged very extensively in banking, made a failure in business. In June, 1866, during the session of Congress, one of his creditors caused his arrest upon a contract for the return of certain bonds and notes alleged to have been lent to him, charging that the debt incurred thereby was fraudulently contracted by Culver. In default of required security, Mr. Culver was committed to jail, where he remained until the 18th of December. Mr. Culver claimed his immunity as a member of Congress, under the clause of the Constitution which provides that Senators and Representatives "shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the sessions of their respective houses, and in going to and returning from the same." The judge decided that the offense fell under the constitutional exception, and was to be regarded as a "breach of the peace." From this remarkable decision an appeal was made to the House of Representatives itself, as "the highest court of the nation, and depository of its supreme authority." The case was referred to the Judiciary Committee, who reported a resolution, unanimously adopted by the House, directing the Speaker to issue his warrant to the Sergeant-at-Arms, commanding him to deliver forthwith Charles V. Culver from the custody of the sheriff and jailor of Venango County, and make return to the House of the warrant, and the manner in which he may have executed the same. The Sergeant-at-Arms proceeded immediately to execute the order of the House, and in a short time the Speaker announced that Mr. Culver was unrestrained in his seat as a member of the Thirtyninth Congress.

Among the numerous distinguished men who constituted the Thirty-ninth Congress, no one towered so conspicuously above the rest as to be universally recognized and followed as the "leader." This title has been frequently applied to Thaddeus Stevens. He was in many respects the most prominent

figure in the Thirty-ninth Congress. His age, his long fidelity to the principles of the Republican party, his uncompromising spirit, and his force of character made him a conspicuous and influential member of the House, but did not cause him to be generally recognized or implicitly followed as a leader.

In so large a legislative body, composed of so many men of independent thought and action, acknowledging no parliamentary leader, it is remarkable that the wheels of legislation should run so smoothly, and that after all the disagreement in discussion, great results should be at last so harmoniously wrought out. This is partly due to the patriotic spirit which pervaded the minds of its members, inducing them to lay aside minor differences of opinion for the good of that common country for which their constituents had lately made such tremendous sacrifice. The result is also owing to the parliamentary ability and tact of him who sat patiently and faithfully as Speaker of the House. Deprived by his position of opportunity of taking part in the discussions, which his genius and experience fitted him to illustrate, he nevertheless did much to direct the current of legislation which flowed smoothly or turbidly before him. The resolution of thanks to the Speaker, moved by a member of the minority, and passed unanimously by the House, was no unmeaning compliment, but was an honor fairly earned and justly paid.

The labor of presiding over the Senate a much lighter task, owing to the smaller number which composed the body-was faithfully performed by Mr. Foster. His remarks to the Senate on retiring from the chair as President pro tempore, and closing a career of twelve years as a member of the body, were most beautiful and impressive.

Benjamin F. Wade, "a Senator from Ohio," having been duly elected President pro tempore of the Senate, took the "iron-clad oath" and assumed his seat as acting Vice-President of the United States without ostentation or remark.

At twelve o'clock noon of March 4, 1867, the Thirty-ninth Congress closed its existence, handing over its great enactments to the country, and its unfinished business to its successor, which immediately came into life.

BIOGRAPHICAL INDEX

OF THE

THIRTY-NINTH CONGRESS.

(The numbers appended to the following sketches refer to preceding pages of the book.)

[The names of Republicans are printed in ROMAN; of Democrats in ITALICS.]

JOHN B. ALLEY was born in Lynn, Massachusetts, January 7, 1817. Having
learned the art of shoemaking, he devoted himself to the shoe and leather trade.
After having served several years in the City Council of Lynn, he was chosen a
member of the Governor's Council in 1851. He was a member of the Massachu-
setts Senate in 1852, and of the State Constitutional Convention held in the fol-
lowing year. In 1858 he was elected a Representative in Congress from Massa-
chusetts. He entered upon his fourth Congressional term in 1865 as a member
of the Thirty-Ninth Congress; and was succeeded in the Fortieth Congress by
General Butler.

WILLIAM B. ALLISON was born in Wayne County, Ohio, March 2, 1829.
He was educated at Alleghany College, Pennsylvania, and at Western Reserve
College, Ohio. From 1851 to 1857 he practiced law in Ohio, and subsequently
settled in Dubuque, Iowa. He was a member of the Chicago Convention of 1860.
As a member of the Governor's staff, in 1861, he rendered efficient service in
raising troops for the war. In 1862 he was elected a Representative in the Thir-
ty-Eighth Congress, from Ohio. He was re-elected in 1864, and again in 1866.
-527.

OAKES AMES was born in Easton, Massachusetts, January 10, 1804. He
has devoted most of his life to the business of manufacturing, taking but little
public part in politics. Having served for two years as a member of the Execu-
tive Council of his State, he was, in 1862, 1864, and 1866, elected a Representa-
tive in Congress, from Massachusetts.-31.

SYDENHAM E. ANCONA was born in Warwick, Pennsylvania, Novem-
ber 20, 1824. Removing to Berks County, he was, for a number of years, con-
nected with the Reading Railroad Company. In 1860 he was elected a Repre-
sentative to the Thirty-Seventh Congress from Pennsylvania, and was subse-
quently returned to the Thirty-Eighth and Thirty-Ninth Congresses. He was
succeeded in the Fortieth Congress by J. Lawrence Getz.

GEORGE W. ANDERSON was born in Tennessee, May 22, 1832. Having
received a liberal education, he adopted the profession of law. In 1853 he settled

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