Chapter 5

The Judiciary Committee of the Senate, on January 12, 1866, reported a bill to continue the existence, to increase the personnel, and to enlarge the powers of the Freedmen's Bureau. It was discussed in both Houses with great thoroughness and in a temperate spirit, and the necessity of the measure for the protection of the freedmen and the introduction of free labor in the South was so generally acknowledged that the recognized Republican friends of the President in the Senate as well as in the House supported it. It passed by overwhelming majorities in both Houses, and everybody, even those most intimate with the President, confidently expected that he would willingly accept and sign it. But on the 19th of February he returned it with his veto, mainly on the assumed ground that it was unnecessary and unconstitutional, and also because it was passed by a Congress from which eleven States, those lately in rebellion, were excluded--thus throwing out a dark hint that before the admission of the late rebel States to representation this Congress might be considered constitutionally unable to make any valid laws at all. Senator Trumbull, in an uncommonly able, statesmanlike, and calm speech, combated the President's arguments and moved that the bill pass, the President's veto notwithstanding. But the "Administration Republicans," although they had voted for the bill, now voted to sustain the veto, and, there being no two-thirds majority to overcome it, the veto prevailed. Thus President Johnson had won a victory over the Republican majority in Congress. This victory may have made him believe that he would be able to kill with his veto all legislation unpalatable to him, and that, therefore, he was actually master of the situation. He made the grave mistake of underestimating the opposition.

_A Humiliating Spectacle_

On February 22, 1866, a public meeting was held in Washington for the purpose of expressing popular approval of the President's reconstruction policy. The crowd marched from the meeting-place to the White House to congratulate the President upon his successful veto of the Freedmen's Bureau Bill. The President, called upon to make a speech in response, could not resist the temptation. He then dealt a blow to himself from which he never recovered. He spoke, in the egotistic strain usual with him, of the righteousness of his own course, and then began to inveigh in the most violent terms against those who opposed him. He denounced the joint Committee on Reconstruction, the committee headed by Fessenden, as "an irresponsible central directory" that had assumed the powers of Congress, described how he had fought the leaders of the rebellion, and added that there were men on the other side of the line who also worked for the dissolution of the Union. By this time some of the uproarious crowd felt that he had descended to their level, and called for names. He mentioned Thaddeus Stevens, Charles Sumner, and Wendell Phillips as men who worked against the fundamental principles of the government, and excited the boisterous merriment of the audience by calling John W. Forney, the Secretary of the Senate and a prominent journalist, "a dead duck" upon whom "he would not waste his ammunition." Again he spoke of his rise from humble origin,--a tailor who "always made a close fit,"--and broadly insinuated that there were men in high places who were not satisfied with Lincoln's blood, but, wanting more, thought of getting rid of him, too, in the same way.

I remember well the impression made by this speech as it came out in the newspapers. Many if not most of the public men I saw in Washington, remembering the disgraceful appearance of Andrew Johnson in a drunken state at the inauguration, at once expressed a belief that he must have been in the same condition when delivering that speech. Most of the newspapers favoring the President's policy were struck dumb. Of those opposing him, most of them spoke of it in grave but evidently restrained language. The general feeling was one of profound shame and humiliation in behalf of the country.

In Congress, where Mr. Stevens, with his characteristic sarcasm, described the whole story of the President's speech as a malignant invention of Mr. Johnson's enemies, the hope of preventing a permanent breach between him and the Republican majority was even then not entirely extinct. On the 26th of February, Sherman made a long and carefully prepared speech in the Senate, advocating harmony. He recounted all the virtues Andrew Johnson professed and all the services he had rendered, and solemnly affirmed his belief that he had always acted upon patriotic motives and in good faith. But he could not refrain from "deeply regretting his speech of the 22d of February," He added that it was "impossible to conceive a more humiliating spectacle than the President of the United States invoking the wild passions of a mob around him with the utterance of such sentiments as he uttered on that day." Still, Mr. Sherman thought that "this was no time to quarrel with the Chief Magistrate." Other prominent Republicans, such as General J. D. Cox of Ohio--one of the noblest men I have ever known,--called upon him to expostulate with him in a friendly spirit, and he gave them amiable assurances, which, however, subsequently turned out to have been without meaning. Then something happened which cut off the last chance of mutual approach.

On March 13th the House passed the Civil Rights Bill, which the Senate had already passed on the 2d of February. Its main provision was that all persons born in the United States, excepting Indians, not taxed, were declared to be citizens of the United States, and such citizens of every race and color should have the same right in every State and Territory of the United States to make and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold, and convey real and personal property, and to have the full and equal benefit of all laws and proceedings for the security of person and property as was enjoyed by white citizens. The bill had nothing to do with "social equity," and did not in any way interfere with Mr. Johnson's scheme of reconstruction. In fact, it was asserted, no doubt truthfully, that Mr. Johnson himself had at various times shown himself, by word and act, favorable to its provisions. It appeared, indeed, in every one of its features so reasonable and so necessary for the enforcement of the Thirteenth Constitutional Amendment prohibiting slavery, that disapproval of it by the President was regarded as almost impossible. Aside from the merits of the bill, there was another reason, a reason of policy, for the President to sign it. Had he done so, he would have greatly encouraged the conciliatory spirit which, in spite of all that had happened, was still flickering in many Republican bosoms, and he might thus, even at this late hour, have secured an effective following among the Republicans in Congress. But he did not. He returned the bill to Congress with a veto message so weak in argument that it appeared as if he had been laboriously groping for pretexts to kill the bill. One of the principal reasons he gave was again the sinister one that Congress had passed the bill while eleven States were unrepresented, thus repeating the threatening hint that the validity of the laws made by such a Congress might be questioned.

_False Encouragement to the South_

Congress promptly passed the bill over the President's veto by a two-thirds majority in each House, and thus the Civil Rights Bill became a law. President Johnson's defeat was more fatal than appeared on the surface. The prestige he had won by the success of his veto of the Freedmen's Bureau Bill was lost again. The Republicans, whom in some way he had led to expect that he would sign the Civil Rights Bill, now believed him to be an insincere man capable of any treachery. The last chance of an accommodation with the Republican party was now utterly gone. But, worse than all, the reactionists in the South, who were bent upon curtailing the freedom of the emancipated negroes as much as possible, received his veto of the Civil Rights Bill with shouts of delight. Believing him now unalterably opposed to the bestowal, upon the freedmen, of equal civil rights such as were specified in the bill, they hailed President Johnson as their champion more loudly than ever. Undisturbed by the defeat of the veto, which they looked upon as a mere temporary accident, they easily persuaded themselves that the President, aided by the Administration Republicans and the Democratic party at the North, would at last surely prevail, and that now they might safely deal with the negro and the labor question in the South as they pleased. The reactionary element felt itself encouraged to the point of foolhardiness by the President's attitude. Legislative enactments and municipal ordinances and regulations tending to reduce the colored people to a state of semi-slavery multiplied at a lively rate. Measures taken for the protection of the emancipated slaves were indiscriminately denounced in the name of the Constitution of the United States as acts of insufferable tyranny. The instant admission to seats in the national Congress of senators and representatives from the "States lately in rebellion" was loudly demanded as a constitutional right, and for these seats men were presented who but yesterday had stood in arms against the national government, or who had held high place in the insurrectionary Confederacy. And the highest authority cited for all these denunciations and demands was Andrew Johnson, President of the United States.

The impression made by these things upon the minds of the Northern people can easily be imagined. Men of sober ways of thinking, not accessible to sensational appeals, asked themselves quite seriously whether there was not real danger that the legitimate results of the war, for the achievement of which they had sacrificed uncounted thousands of lives and the fruits of many, many years of labor, were in grave jeopardy again. Their alarm was not artificially produced by political agitation; it was sincere and profound, and began to grow angry. The gradual softening of the passions and resentments of the war was checked. The feeling that the Union had to be saved once more from the rule of the "rebels with the President at their head" spread with fearful rapidity, and well-meaning people looking to Congress to come to the rescue were becoming less and less squeamish as to the character of the means to be used to that end.

This popular temper could not fail to exercise its influence upon Congress and to stimulate the radical tendencies among its members. Even men of a comparatively conservative and cautious disposition admitted that strong remedies were necessary to avert the threatening danger, and they soon turned to the most drastic as the best. Moreover, the partizan motive pressed to the front to reinforce the patriotic purpose. It had gradually become evident that President Johnson, whether such had been his original design or not,--probably not,--would by his political course be led into the Democratic party. The Democrats, delighted, of course, with the prospect of capturing a President elected by the Republicans, zealously supported his measures and flattered his vanity without stint. The old alliance between the pro-slavery sentiment in the South and the Democratic party in the North was thus revived--that alliance which had already cost the South so dearly in the recent past by making Southern people believe that if they revolted against the Federal Government the Northern Democracy would stand by them and help them to victory.

THE JULY INSTALMENT OF CARL SCHURZ' MEMOIRS WILL CONCLUDE THE STORY OF PRESIDENT JOHNSON'S STRUGGLE WITH CONGRESS

THE CRYSTAL-GAZER

BY MARY S. WATTS

AUTHOR OF "THE GREAT NORTH ROAD," ETC.

ILLUSTRATIONS BY FRANK A. NANKIVELL

The carrier's cart--for my means afforded no more lordly style of travel--set me down at an elbow of white highroad, whence, between the sloping hills, I could see a V-shaped patch of blue, this half water and that sky; here and there the gable of a farmhouse with a plume of smoke streaming sidewise; and below me, in the exact point of the V, the masts and naked yards of a ketch at her moorings. Even in that sheltered harbor, to judge by the faint oscillations of her masts, she felt the tug of the waters around her keel. There had been a storm the night before; without, the sea ran strong about all these exposed coasts; and I knew that, hidden from sight behind the upper headland, the surf must be bursting in a cloud over the Brown Cow, and the perturbed tide setting like a mill-race between that great dun rock and the shore through the narrow gut we called the Cat's Mouth.

"You'll be noticing some changes, Mr. Nick?" the carrier hinted at last, lingering to observe me. "Well, there's a deal may happen in two or three years. You can't look to find things just the way you left 'em."

He used a certain respectful familiarity, having known me all my life, and, as he spoke, eyed me with the kind and open curiosity of a dog. He was a gentle little man, with a manner oddly compounded of the sailor's simplicity and the rustic's bootless cunning,--for he had followed both walks in his day,--and was popularly held to be somewhat weak-witted since a fall from the masthead to the decks of the brig _Hyperion_ some years before.

"I am not near enough to see any changes yet, Crump," I answered him. "The changes, if any, show most, I dare say, in myself."

"So they do, sir; so they do," he assented heartily. "My wife used to say you were a pretty boy, and had the makings of a fine, personable man. First thing I thought, when I clapped eyes on you to-day, was: 'Well, this here's a lesson to Sarah not to be hasty in her judgments!' 'Tain't often I get the better o' Sarah, you know, sir. They tell me you've been in Italy and learned to paint?"

"I'm afraid I haven't quite learned all the art yet, Crump. It takes more than two or three years."

"Depends on the person, I shouldn't wonder," he said, wagging his head. "Some people are slow by nature. Could a man make his living by it, d'ye think, sir?"

I answered this devious inquiry as to my own financial standing by assuring him that I had contrived so far to make mine. "I'm not riding in my coach-and-four yet, as you see, Crump, but the time may come."

"I'm sure I hope it will, Mr. Nick," he said rather dubiously. "But it's kind o' tempting Providence, seems to me. You might 'a' been walking your own quarter-deck, captain o' some tall East Indiaman by this, like your father and grandfather before you, making a safe, easy living, and looked up to by everybody."

I interrupted his moralizing to ask, as, indeed, I had already done more than once, without being able to get his attention: "How does my grandfather seem?"

Momentary gravity fell upon him. "He--he don't always answer the helm, Mr. Nicol," he said, and touched his forehead with a meaning look. "Barring that, I'd rate him seaworthy, for all he's cruised so long--nigh eighty year, ain't it?"

"I'm glad I came home," I said, concerned. "The old man should not be alone."

"He ain't exactly alone," said Crump, with an uneasy glance into my face. "He's signed on two new hands here lately--about a month ago, I b'lieve. I dessay he was making pretty heavy weather of it by himself, and so he--er--well----" He cleared his throat, hesitating in an odd embarrassment; he plainly felt that here was information bound to be distasteful, and set about imparting it with a painful diplomacy. "The cap'n--Cap'n Pendarves, your grandfather, sir, was, as you might say, short-handed, you being in foreign parts, and old John Behenna having slipped his cable 'long about the last o' May, as I was telling you; and so the cap'n he ups and ships these here--and--and, in fac', Mr. Nick, one of 'em's a woman!" He drew a long breath and wiped his forehead.

"You don't mean he's married!" I shouted, and with, I am afraid, a pretty strong term of disapproval.

"There, now, I _thought_ you'd take it that way!" Crump remarked, not without gratification. "But it ain't so bad as that, Mr. Nicol." And he went on to explain, with a variety of nautical metaphors, that the couple, an elderly man and a young girl supposedly his grandchild, had appeared in Chepstow some weeks ago during fair-time; that the young woman "took observations," which I translated to mean that she told fortunes, supporting them both, it would seem, by the pennies she gained this way, for the man did no work, and was most often seen "hove to, transhipping cargo," at the bar of the Three Old Cronies or elsewhere, Crump said. He did not know how or when or where my grandfather had first fallen in with these vagabonds. For several successive days he had been noticed in their company, or laying a straight course for the little booth wherein the girl plied her mean trade; and then, all at once, to the stupefied astonishment of Chepstow,--where the captain was reckoned, with reason, a particularly hard, sour, dour sort of body, anything but friendly or hospitable,--the pair of them were discovered comfortably installed beneath the Pendarves' roof, as snug as if they had lived there all their lives and never meant to go away! The thing was a mystery; it went near to being a scandal. For a final touch, Crump assured me that these precious gentry were all but nameless; no one had ever heard the woman called anything, and the man's name defied pronunciation.

Upon all this agreeable intelligence, we parted, as Crump's way was by the round-about hill road, while I struck straight across by short cuts to my grandfathers house. If I had been content to loiter on the path heretofore, no amount of haste could satisfy me now. I doubt if any honest artist lad returning to the place of his birth after three years' absence ever met a grayer welcome. I had left my grandfather unimpaired, and it was well-nigh impossible to figure that harsh and domineering spirit in decay. Abram Pendarves belonged to the ancient hearty, savage race of British sea-captains, now fast waning to extinction. After a youth of wild and black adventure under the rule of just such salt-water despots as he himself became, he had spent some two score years practising the tyrannies and what one may call the brutal virtues he had learned on every sea and beneath every sky this planet owns; then came at last to settle down in the storm-beaten house on the cliffs by Chepstow (the house his father's father had built), whence he could see the surf whiten on the rocks and gulls forever circling about the Brown Cow. His was a narrow and surly old age, not overwell provided, for he had never been a thrifty man; and he found among the rattletrap furnishings of his neglected home one living chattel quite as worthless--a weird, lean goblin of a boy, his sole descendant, fatherless and motherless, playing lonely little games in corners, making crass drawings with a charred stick on the walls, and viewing the blossoming orchards of spring with a crazy delight in color. I fear there was not much affection between this ill-matched couple. For long years I saw in my grandfather only a coarse, violent old man, niggardly and censorious. And to him there was doubtless something unwholesome and repellent in the most innocent of my tastes; I could not even sin roundly, like other boys, by pilfering or truantry, but must display an exotic passion for reading forbidden books, an abhorred dexterity at caricature. I think we were equally headstrong and unreasonable, I in my young way, he in his old one; and as I trudged along the quiet homeward paths, it shamed me to remember with what hard words we had parted.

II

The sun was going down as I conquered the last steep rise toward my grandfather's gate. Hereabouts a pair of steps had been cut into the cliff and a hand-rail erected to help the visitor against the wind, coming, as it so often did, in flaws of extraordinary force and fury around the headland. From this high point a great expanse of ocean filled the eye, and the ceaseless, uneasy rumor of water assailed one even in the fairest weather. There was always a thin run of surf about the base of the Brown Cow and among those narrow conical rocks which, set in a rough crescent near the lower end of the Cat's Mouth, had not inaptly been named the Cat's Teeth.

The path followed the edge of the cliff on the hither side of a stone wall, behind which some few experienced old apple-trees bent and flattened themselves into strange, tortuous shapes to escape the winds. The inclosure went by the name of orchard, though it was in truth little else than a wild jungle of weeds and rubbish; but one tree in the most sheltered corner yearly made a conscientious effort to supply us with a bushel or so of pippins, and adventurous Chepstow urchins as regularly defeated the hope. I purposed to shorten my road by crossing here; and so, finding a toe-rest in certain familiar crannies of the masonry, clambered easily to the top of the wall, and paused there a moment, astride of the coping, to put aside the branches and take a distant view of the forlorn pile of ruins I called home. It was a dreary place; its roofs sagged, its chimneys leaned at perilous slants. Yet my heart warmed to the sight of it. I took hold of the stoutest bough to swing me to the ground, when----

"Don't touch those apples, young man!" said somebody sharply.

I was so startled as nearly to lose my hold, and came down with a run and hands well scored on the rough bark. There I stood, knee-high in rank undergrowth, staring all about in a surprise that must have been not a little ludicrous, for the voice uttered a short cicada-chirrup of laughter, shrill and sweet.

"Here I am. What bats men are!" it said.

I looked. She was standing almost immediately beneath the place where I had climbed over; my boot must have grazed her. She was what old women call a slip of a girl, in a cotton gown, white, figured with fine sprigs of green sadly faded, for it was not new. The wind whipped her red hair into her eyes. Her face was very much freckled; properly speaking, it was one freckle from brow to chin. She wore, besides, as I remember, a little muslin tucker (I think the garment is so named) and a little frilled muslin apron; and these articles, together with her old print frock, were washed, starched, and ironed to a degree it hath not entered into the mind of man to conceive. I took off my hat; and something about this young woman moved me thereafter hastily to adjust my cravat and shirt-ruffle. I believe these signs of perturbation (which were entirely genuine) pleased her in some subtle way, like a tribute, for she stopped to inquire: "You want to cut through here to the highroad? I'm very sorry, but I really cannot allow it. I've had a great deal of trouble keeping the village boys away from this tree. These are fine apples and good winter keepers--that is, I think they are----" she added a little tentatively, searching my face. "You didn't see the sign, I suppose?"

I followed her gesture and beheld, nailed aloft on the stub of a dead tree, a square of white planking whereon was neatly lettered the legend:

NO TRESPASSING UNDER PENALTY OF

THE LAW

ABRAM AND NICOL PENDARVES, PROPRIETORS PER MARY SMITH

"I did it myself with a red-hot poker," she said proudly.

I gazed from her to the sign-board, all but speechless. "It's very well done," I managed to get out at last.