CHAP. VIII.

DEVICES FOR STIFLING DEBATE.

151

rise at times to scenes which ought never to be witnessed in a legislative body. An illustration is of greater value than an argument, and I shall therefore give an account of a spectacle which I witnessed in the month of January, 1867.

The occasion of this struggle was the introduction of a Bill from the Judiciary Committee, intended to do away with the effect of a decision in the Supreme Court as to the illegality of the Test Oath. The Bill provided that no person should be permitted to act as attorney or counsellor in any court of the United States who had been guilty of treason or engaged in rebellion, or given aid and comfort to the participants in rebellion. In short, it was intended to prevent, by Act of Congress, any Southern man or Southern sympathizer who happened to be a lawyer from practising his profession,-thus, as a Republican member afterwards said, depriving thousands of families of their bread.

This measure a distinguished Republican, in behalf of the Committee, determined to force through the House the afternoon it was brought forward, without allowing a word of discussion upon it. Some of his own party, with a better sense of reason and justice, strongly condemned this course. He was implored by the Democratic members to yield one hour only for debate, but, confident in the power of his party, he declined. To two or three members he dealt out "five minutes," "three minutes," and to one gentleman "two minutes," and with this con

cession he deemed the rights of a deliberative assembly were complied with. That immense proportion of the people then represented in Congress who were opposed to this Bill were granted, through their representatives, about ten minutes to consider its provisions.

The minority, for the sake of their own honour, could not suffer this Bill to be read three times in a quarter of an hour without making an attempt to arrest it. They knew they were not strong enough in the House to prevent its passing in the end, and they promised that if they were allowed one hour for debate they would interpose no further opposition. The offer was contemptuously rejected by the other side. "We will keep you here till you pass it," said the Republicans. "Then, you shall keep us here a week," said the Democrats. The only way in which the minority could postpone a division on the Bill, was by bringing forward a series of motions to adjourn, and other resolutions intended only to cause delay. These manoeuvres were at once put into practice. On every motion the minority demanded what is called the "yeas and nays"—that is, that the roll of the House shall be read, and each member answer to his name. This most tedious process occupies nearly half-an-hour, and it was repeated no less than 25 times before either side became tired out. The great burden of the struggle fell more upon the Democrats than upon the Republicans, for several reasons. The majority had force enough to admit of relays going

out of the House and obtaining refreshments. The minority needed every one of their little band constantly in his place to sustain the demand for the yeas and nays, for which purpose a fifth of the entire number present must vote. The minority had a very few more than that fifth, and therefore they could not leave their posts. Then, again, the brunt of the fight fell upon them on account of a form of the House which the majority exercised against them. When the yeas and nays are asked for, a fifth must vote to sustain the demand, and if there is a dispute tellers are required, and the House is counted in that way. Every time the minority called for the yeas and nays the majority made them march between the tellers, and this undesirable exercise was kept up all day and all night, on the meagre nourishment of a few biscuits and a glass of water; while the majority sat comfortably in their arm-chairs, with a good dinner to keep them in an even temper. The Democrats, however, kept to their hard work with unconquerable resolution. Amid many gibes from the Republicans, they went through their dreary rounds between the tellers, and made use of every Parliamentary expedient to delay action upon the Bill. More than once they repeated their offer to give way if but one short hour was allowed them for discussion. In a tone of ridicule and exultation the Radicals refused.

About eight o'clock in the evening, when the House had been in session eight hours, a large proportion

of the Radicals had made their escape from the House, and seeing this the Democrats demanded a call. This, of course, necessitated another division, but the roll was called, and the Sergeant-at-Arms despatched for the absent members. To bring them together was an operation which required an hour or two to complete. At 12 o'clock, and again at 3, this process was repeated, members being brought from their beds back to the House.

The Speaker was present the greater part of the night, and did his utmost to preserve order. Sometimes the House presented the appearance of a common bar-room, and once the Speaker was obliged to interfere to put an end to smoking by the members. Not far from the doors it was understood that a couple of whisky bottles were kept well filled by some attendant, who had suddenly started this business on his own responsibility. The town was ransacked for supplies of provisions for the restaurant below, and the members incessantly tried their powers in the manufacture of jokes. One gentleman moved that the President's Message be read. A delinquent member being brought in by the Serjeant-at-Arms, it was moved that he be released on payment of the usual fees, whereupon a motion was made to amend by adding the following:-" And, being subjugated, he shall submit to suffrage without regard to race or colour, and shall take the test oath." Once. a number of members began to sing, in an under tone, "Home, sweet home," and a Republican pro

Another gentleman offered to read the manuscript of a sermon by the chaplain, but this proposition was hastily declined. On the following day much time was spent in punishing members who had absented themselves without leave, and more than once during the same session the contest was repeated on a lesser scale.

De Tocqueville, who thought that a spirit of national morality was fostered by general equality of rank and station, was compelled to own that this source of virtue failed in political life. "I know of no country," he says in one place, "in which there is so little independence of mind and real freedom of discussion as in America." And again he says, "Freedom of opinion does not exist in America." "I attribute the small number of distinguished men in political life to the ever-increasing despotism of the majority in the United States."" In this, the most open and candid of all the chapters in M. De Tocqueville's work, he describes the result of his observations in America without attempting to bring them into unison with his preconceived opinions. This portion of his treatise is rather a narrative than a philosophical essay. He tells us what he saw, and

7 Vol. i., chap. xv., pp. 337 and 340. (Tome ii., pp. 149 and 153.)