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IN CONGRESS.

On the 6th of August, 1864, while General Hayes was absent from Ohio in the field, he was nominated by the Republican Convention of the Second Congressional District of Cincinnati for Congress. This was the result of the spontaneous action of his friends, and was brought about through their agency alone. The nomination was neither sought nor desired. The following extract from a letter written in camp, and bearing date July 30, 1864, makes known the then existing state of the case:

"As to the canvass that occurs, I care nothing at all about it; neither for the nomination nor for the election. It was merely easier to let the thing take its own course than to get up a letter declining to run, and then to explain it to everybody who might choose to bore me about it."

The first information of the nomination for Congress was conveyed to General Hayes through the letter of a friend written the day after the convention met, which information was received on Monday, August 22d, while preparing for battle, and on the same day he did a "good thing" in the way of taking prisoners while charging on the rebel lines. Two days after, with the enemy in front, he wrote this "private" letter on the subject of going home to canvass:

An incident of this canvass caused at the time it occurred intense feeling and indignation. The Democrats were having a large mass meeting in Cincinnati, with an immense procession. Among the banners or transparencies carried in the procession was one large, coarsely-executed affair, representing General Hayes dodging bullets while running from the enemy. As Hayes was at that very moment at the front fighting the enemy, this assault in the rear was not deemed by Union-loving men to fall within the rules of legitimate political warfare. Some soldiers of the "Old Kanawha" division happening to be at home recovering from wounds, had their indignation aroused to such an uncontrollable pitch that they insisted upon ignominiously trampling down the libelous transparency and its bearer. They had seen General Hayes bare his breast a hundred times to the bullet-storm of battle, and thought they were better judges of what constituted courage than men who stayed at home occupying their time in passing resolutions that the war was a "failure." These old veteran comrades of Hayes were moving in compact line to charge on the procession, when a number of good citizens, in the interest of order and to prevent a riot, had the obnoxious banner removed. It is but just to say that Democrats of the better sort totally disapproved of this public indecency and excuseless outrage.

During the canvass for Congress, and while in the thickest of the bloody fight at Opequan, the soldiers under General Hayes kept crying out: "We will gain a victory to-day, Colonel, and elect you to Congress;" "One more charge, and you go to Congress!" These brave defenders of the Republic well knew the effect of a Union victory upon a pending election. When the soldiers' vote was taken on Tuesday, the 11th of October, not a man in the Twenty-third or Thirty-sixth Ohio regiment voted the Democratic ticket, and but fifty-three voted the Peace ticket in the entire division commanded by General Hayes. The result of his first contest for Congress, or rather candidacy, for there was no contest on his part, was his triumphant election by a majority of two thousand four hundred and fifty-five votes. His competitor was Joseph C. Butler, a banker, capitalist, and most respectable gentleman. Eight days after the election, the battle of Cedar Creek was fought, so that the news of two victories came to the faithful soldier at the same time. Conducting a congressional campaign on the front, rear, and flanks of the enemy, worked well. To Hayes the cause of the Union was such a sacred cause that he could not cease fighting the enemies of that Union so long as there remained an armed enemy to fight.

The war being ended, he took his seat on the first day of the first session of the Thirty-ninth Congress, which assembled December 4, 1865. Among the able or notable men in that Congress were Shellabarger, Bingham, Schenck, Spaulding, and Garfield, from Ohio, and Thad. Stevens, Conkling, Kerr, E. B. Washburne, A. H. Rice, Raymond, Niblack, John A. Griswold, Farnsworth, Orth, Cullom, Dawes, Blaine, Voorhees, and Randall, from other States. The first session was mainly occupied with the question of reconstruction. The central questions during the subsequent sessions were those growing out of the impeachment of President Johnson. General Hayes voted consistently with his party on these two classes of questions. He was the only new member, except one, who was given the chairmanship of a committee, being placed at the head of the joint committee of the House on Library. The other members were Wm. D. Kelley, of Pennsylvania, and Calvin T. Hurlburd, of New York. As chairman of the committee on the Library of the United States, to employ the language of its accomplished librarian, he had "a clear discernment and quick apprehension of all things that needed to be done;" he "threw his influence in favor of the most liberal and permanent improvement."

During his term of service on the committee, the Library was expanded by the addition of two wings, increasing threefold its space. The "Force Historical Library" was added, to the acquisition of which General Hayes devoted months of zealous labor. It is now one of the most valuable parts of the great Library. He procured in the House the passage of the Senate bill to transfer the Library of the Smithsonian Institution to the Library of Congress. He introduced a joint resolution to extend the privileges of the Library to a larger class of public officers. He reported back and recommended the passage of a copyright bill for securing to the Library copies of all books, pamphlets, maps, etc., published in the United States.

In dealing with the subject of art while on this committee, Hayes showed artistic taste and judgment. He voted to reject works without merit, such as busts and portraits, and favored giving government commissions to real artists of conceded genius and established standing.

One of the first votes of General Hayes in Congress was cast in favor of this resolution:

"That the public debt created during the late rebellion was contracted upon the faith and honor of the nation; that it is sacred and inviolate, and must and ought to be paid, principal and interest; and that any attempt to repudiate or in any manner impair or scale the said debt should be universally discountenanced by the people, and promptly rejected by Congress if proposed."

Early in the session a resolution was introduced "that the committee on appropriations be instructed to bring in a bill increasing the compensation of members of Congress." Mr. Hayes voted for Mr. E. B. Washburne's motion to lay the resolution on the table. This is the whole of his record on the back pay and front pay questions. General Hayes during the session voted for a resolution commending President Johnson for declining to accept presents, and condemning the practice as demoralizing in its tendencies and destructive of public confidence. This vote needs no explanation to enable it to be understood.

He also submitted the following resolution, which was read, considered, and agreed to:

"That the committee on military affairs be instructed to inquire into the expediency of providing by law for punishing by imprisonment or otherwise any person who, as agent or attorney, shall collect from the government money due to officers, soldiers, or sailors, or to their widows or orphans, for services in the army or navy, or for pensions or bounties, and who shall fraudulently convert the same to his own use; and to report by bill or otherwise."

This was timely action aimed to remedy what has since become a gross abuse and most serious evil. Its purpose was to check robbery and secure to soldiers and sailors their own.

In 1865, General Hayes submitted to leading Republicans in Congress, and subsequently to the Republican caucus, these resolutions, which became the basis of the action of the party:

"Resolved, That it is the sense of the caucus that the best if not the only mode of obtaining from the States lately in rebellion guarantees which will be irreversible is by amendments of the national constitution.

"Resolved, That such amendments to the national constitution as may be deemed necessary ought to be submitted to the house for its action at as early a day as possible, in order to propose them to the several states during the present sessions of their legislatures.

"Resolved, That an amendment, basing representation on voters instead of population, ought to be promptly acted upon, and the judiciary committee is requested to prepare resolutions for that purpose, and submit them to the house as soon as practicable."

When the ratification of the amendments taking their origin from these resolutions became a matter of supreme concern, Mr. Orth and Mr. Cullom, now the Republican candidates for Governor in Indiana and Illinois, in conjunction with Mr. Hayes, drafted the following letter, which was signed by Republican members of Congress and forwarded to Governor Brownlow, of Tennessee:

"The undersigned members of Congress respectfully suggest, that, as Governor of the State of Tennessee, you call a special session of the legislature of your state, for the purpose of ratifying the constitutional amendment submitted by the present Congress to the several states for ratification, believing that upon such ratification this Congress will, during its present session, recognize the present state government of Tennessee and admit the state to representation in both houses of Congress."

The session of the legislature was called, the fourteenth amendment ratified, and the Tennessee members admitted to seats in Congress in July, 1866. This ratification was the one required to render the amendment valid.

In the fall of 1865, General Hayes delivered very earnest political speeches in about twenty counties in Ohio, in advocacy of the election of his military comrade, General Jacob D. Cox, as governor of the state. We find many of these speeches partially reported, and from one delivered in the West end, in Cincinnati, September 28, we take this extract:

"The Democratic plan of reorganization is this: The rebels, having laid down their arms and abandoned their attempt to break up the Union, are now entitled, as a matter of right, to be restored to all the rights, political and civil, which they enjoyed before the rebellion, precisely as if they had remained loyal. They are to vote, to hold office, to bear arms, immediately and unconditionally. There is to be no confiscation and no punishment, either for leaders or followers—no amendment or change of the constitution by way of guaranty against future rebellion—no indemnity for the past, and no security for the future. The Union party objects to this plan, because it wants, before rebels shall again be restored to power, an amendment to the constitution which shall remove all vestiges of slavery, and an amendment which shall equalize representation between the States having a large negro population and the States whose negro population is small."

In August, 1866, General Hayes received the endorsement of a re-nomination to Congress by acclamation. There was no opposing candidate. He entered at once into the canvass. He delivered a speech almost every afternoon or evening until the day of the election. He frequently spoke outside of his own district, to aid his friends. The questions at issue were the reconstruction measures of Congress and of President Johnson, and the merits of the new constitutional amendments. In a public speech delivered in the Seventeenth Ward, in Cincinnati, September 7, 1866, he discussed at great length the questions of the day. In conclusion he said:

The canvass was an active and exciting one; but General Hayes was re-elected over a competitor of so high standing as Theodore Cook, by a majority of two thousand five hundred and fifty-six. It is noticeable that while there was a Republican loss of seven hundred in the first district, compared with the vote for Congressmen in 1864, in the second district there was a gain of one hundred over the vote of two years before.

General Hayes took his seat in the Fortieth Congress, which convened March 11, 1867. He was re-appointed chairman of the library committee, with John D. Baldwin, of Massachusetts, and J. V. L. Pruyn, of New York, as associate members. General Hayes' three years in Congress were almost continuously employed in exacting labors in looking after the pensions and pay of soldiers, and in making provision for their families. Cincinnati had sent a great many soldiers into the war, and all who had wants sent their petitions to the only representative of Hamilton county who had served in the army. The soldiers of his old division, scattered over the country, sent their applications to him as a sympathizing friend. He had as many as seven hundred cases of this kind on hand at one time. His time was therefore necessarily consumed in running to the departments and in answering soldiers' correspondence. This service of love was of course gratuitously and most cheerfully rendered; but it withdrew him more or less from his duties on the floor of Congress.

He was not consequently a speech-maker in Congress, but a business-doer. His innate good sense taught him that the public business was pushed forward, not by talking much, but by talking little. Like Schurz, who became the intellectual leader of the Senate, like Senator Edmunds and most strong men, he kept silent while new to the business of legislation. He was constantly consulted by the chief men in his party because he possessed that most essential quality in a public man—good judgment. He did no talking for himself, but an immense deal of working for others. Every soldier was his constituent, whether he lived in Maine or Nebraska. He placed self not first, but last.

He had no thought of fame or higher place, but silently served those that loved him, and to the maimed or needy tried to make the burdens and loads of life lighter. He doubtless thought that "he who lives a great truth is incomparably greater than he who but speaks it."