US Capitol Building at sunset with American flags is the home of the United States Congress in Washington D.C, USA. iStock
What was the issue — behind the Speaker ballots?
Look at the possibilities—the economy, immigration, the War in Ukraine—yield not one single issue to unite behind Kevin McCarthy’s bid. When last the decision of a leader in the House dragged on for days—1855 and 1859—one point burned across the landscape, slavery. With few exceptions, the choice blazed “yes” in the South and “no” in the North before the Civil War. Neither side wanted a leader in the House who did not share their views. But then, slavery or the defeat of slavery would be debated. But in 2023 it’s to feed the personal agendas of those 20 Members seeking to raise money for their own political campaigns and for right-wing causes, but mainly to grasp TV time on CSPAN and FOX.
In 1855, it took 133 ballots to elect Nathaniel Banks (R-Massachusetts) of the American Party as Speaker. The decision stretched from December 2, 1855, to February 3, 1856, when he bested William Aiken D-SC just 103 to 100. The contest began with 21 candidates for Speaker but winnowed to three final candidates, who were called upon to state their views on the recent legislation on slavery expansion in the West. Rep. Banks had ties to anti-slavery New York Times Editor Horace Greeley. In one of many fights on and off the House floor that year, Albert Rust (D-Arkansas) tried to disqualify Banks, punching him with his fist. Then later, Rep. Banks found Rep. Banks and Greeley downtown and hit Banks with his cane.
Now the U.S. House vote for Speaker came down to 213 FOR, not slavery or any defining policy, but in support of giving the POWER of the gavel to Kevin McCarthy v. 213 AGAINST McCarthy and FOR Hakeem Jeffries, who consistently pulled his Party members, but could not reach the 218 required to win the gavel. In the end, past the midnight hour Friday, McCarthy swayed a few votes his way, then persuaded six to vote “present,” reducing the number needed to stop the impasse. (Heaven help us if he promised more than giving the far right the ability to remove him if five of the 20 far-right Members do not fancy his leadership, requiring another ring-around-the-rosy.) Finally, at 1:30 am Saturday, McCarthy snatched the gavel and waved it above his head, nearly like an ax. Let the games begin.
I wondered who won the gavel in 1859-1860 after that Congressional battle. William Pennington won the election for Speaker on Feb. 1, 1860, after 63 ballots. He had been governor of New Jersey from 1837-43. His father served in the Revolutionary Army and as and had served as N.J. governor after the war (1813-15). Later Madison appointed William to a federal judgeship. Amid that balloting for Speaker, there were nine physical fights of the floor of the House and one street fight involving Members of Congress.
ASIDE: To show every era has its voting challenges, twenty-three years before William served as Speaker, he was involved in the “Broad Seal War” in New Jersey. Two contingents of candidates (Democrats and Whigs) in a closely contested race came before him as governor. Each held commissions bearing the seal of New Jersey on the opening day of the 26th Congress in 1839, requesting to be seated. Pennington seated the Whigs (his Party) and refused to sit 5 of the 6 Democrats. Finally, after they proved the county clerks in Cumberland and Middlesex counties suppressed returns in certain townships, the Democrats were seated on February 28, 1840. These members gave the Democrats the majority in the House.
Members avoided violence in 2023, but late on Friday when on the 14th ballot Matt Gaetz (R-FL), leader of the “Never Kevin” extreme right-wing contingent, voted Present,” tensions mounted. At first, GOP members thought that would be enough to seal the deal. Instead, Congressional fisticuffs threatened Friday night when Rep. Mike Rogers (R-AL) moved fists drawn towards Rep. Gaetz only to be restrained by a fellow Southern Member, averting a battle, not wanting to solve frustrations with violence. Later it was learned that Rep. Rogers had been rumored to be the next Chairman of the Armed Services Committee. Will his undisciplined action on Friday night deter other Members from confirming him to this leadership position?
Promises to grasp the gavel in 2023?
Offerings to the Publicity-Thirsty Gang of 15 foretells of rocky times ahead. Could it be called blackmail? We will have two years to determine how this quid-pro-quo operates.
Offerings were made to those who changed their vote from “Never Kevin” to “Present,” making it possible for McCarthy to acquire the Speaker’s gavel. Here are some of the suggested concessions:
If just one Member disagrees with the Speaker, a roll call of the House could be called to determine whether he stays or goes (referred to as having a pistol pointed at the Speaker’s head).
More of the 15 Disaffected could serve on the all-important Rules Committee that sets what bills would be placed on the calendar, when, and what amendments are allowed.
Allow a House vote on term limits.
Possibly also setting the 2022 spending limit for 2024, requiring federal budget cuts and a $75 billion cut in the federal military budget.
It remains to be seen how much of this wish list will be delivered, difficult voting on the Rules of the House and the 2023-2024 legislative agenda. In the Spring, America’s debt ceiling is expected to be reached. A similar legislative fight took place in 2011 when the nation also experienced divided government between the House and the White House. Will the U.S. maintain its financial reputation around the globe? Will media on GOP and DEM sides be able to adequately explain the real impact failing to pay America’s debts have on the average American? In 2011, the nation’s credit rating declined. What will happen in 2023?
Freeman, Joanne B. “It’s Tempting to Laugh at McCarthy’s Struggles, but History Shows That This Type of Chaos is Not a Joke.” New York Times, Jan. 7, 2023.
When the Effie Afton (not pictured) ran into the Rock Island Railroad Bridge stone pier in 1856, exploding in flames and destroying a section of the bridge, it led to the transcontinental railroad. Today people and goods move across the country from the Atlantic Ocean to the Pacific Ocean because of this court case argued in a Chicago courtroom in 1857. Abraham Lincoln, who had a vision of swifter, cheaper travel and a nation united east and west, joined this legal team before he ran for President.
The case: The Effie Afton highlighted the economic interests of steamboats vs. the railroads and competitors along the Mississippi River. Technically: Hurd et al (steamboat investors) v. The Railroad Bridge Company. The steamboat owners filed suit to recover damages against the Railroad Bridge Company, which retained Lincoln and a panel of lawyers to defend themselves against the steamboat company.
The incident: A high wind whipped across the water as the Effie Afton paddled the upper Mississippi the night before the collision. Calmer morning winds encouraged Affie’s captain to get a fresh start. He zoomed backward from the dock into the steamboat John Wilson butkept going, even engaging in a race to the bridge with the slower J.B. Carson.Effie won the race, but about halfway under the drawbridge, the boat began to sway, then plowed into a supporting pillar for the Rock Island Bridge on May 5, 1856. Just open for two weeks, the Rock Island Bridge was the first railroad bridge to span the Mississippi River.
The impact could be felt from Effie’s bow to stern. Emergency bells blared, and the hissing sound of escaping steam filled the air. Two hundred people were on board, including fifty crew, plus livestock, machinery, farm implements, and groceries weighing more than 350 tons. Desperate passengers braved the cold water to swim to nearby ships, and some even reached out to grab sections of the bridge now jutting down from the suspension. Some cattle swam to shore, but others drowned or burned on board. Every person survived as other steamboats fished them out of the water. Firefighters extinguished smaller fires erupting from space heaters on the deck or cooking stoves in 50 staterooms, but then the timbers of the bridge caught fire. Eventually, the remains of the ship and the fallen bridge span floated down the river until they rested on a Rock Island sandbar.
Steamboat Heyday & History’s Influence
Steamboat traffic in the 1850s became the lifeblood of cities along the river, like St. Louis and New Orleans, bringing food, shelter, and people starting a new life. But the boats could not guarantee when any boat would reach port because of surprise sandbars and snags that could delay a trip for days until a strong wave helped ease the ship back on its way. If you glance at a map of the U.S., you will see the Mississippi and its tributaries follow a winding route, not a straight line, south to New Orleans. The Big Muddy weaves lazily through 3,000 miles of soggy land, taking a trip a bird could fly directly in 675 miles, according to Mark Twain in Life on the Mississippi (2).
Ironically the relative of a future President, great-uncle of Teddy Roosevelt, Nicholas Roosevelt, financially helped build the first steamboat in America with Robert Fulton and Robert R. Livingston in 1810-11 when Abe Lincoln was just two. In October 1811, Roosevelt made the first steamboat trip from Pittsburg to New Orleans aboard the New Orleans with his wife, Lydia Latrobe. Her father, Benjamin Latrobe, served as the second architect of the U.S. Capitol, creating his reputation.
Railroads’ American Entry
America’s railroads grew from a horse-drawn tramway used to carry granite from Quincy, Massachusetts, four miles to Milton to construct the Bunker Hill Monument in 1826, the origin of the Granite Railway. It took thirty years before the rail industry grew to build the Rock Island Bridge over the Mississippi. Just twelve years later, with Lincoln’s assistance in the White House, two trains met at Promontory Point, Utah,on May 10, 1869, opening the transcontinental railroad to passenger and freight traffic from coast-to-coast.
When he was in the Illinois legislature, Lincoln voted to straighten and deepen river channels, build roads, and build bridges over creeks and rivers. In addition, he supported state financing of a nearly one-hundred-mile-long Illinois and Michigan Canal linking the Chicago River (near Lake Michigan) with the Illinois River, which flowed into the Mississippi. A twelve-year project (1836-48), the canal pushed Chicago to become the Midwest’s principal commercial (and agricultural and cattle) center. (Zobrist, “Steamboat Men versus Railroad Men,” 160.)
Lincoln and the Effie Afton
As a prairie lawyer, Lincoln strolled into the Chicago courtroom in the Effie Afton case and proceeded to etch his role in history. Abraham Lincoln, then 48, had hundreds of civil and criminal cases under his belt (eventually totaling 3,200 cases over 25 years). Twenty years earlier, he began to ride Illinois’ Eighth Judicial Circuit on horseback, his proving ground. From spring into summer, he endured the glaring heat and swirling dust on horseback, then returned to do it again each fall.
In his free moments traveling the Circuit, Lincoln read Euclid’s Geometry to study the logic he found there. He put it to use in the courtroom. Once Billy Herndon, his law partner, questioned Lincoln about why he took the jury so far back in the history of the law in a particular case in the Illinois Supreme Court. (Lewis v. Lewis, 48 U.S.[7Howard] 776 (1849) Lincoln’s response: “I dare not trust this case on presumptions that this court knows everything. I argue the case on the presumption that the court did not know anything.” Herndon noted that Lincoln “won the case by the history he was so careful to state fully.”
Lincoln prepared well for jury trials, particularly those before the Illinois Supreme Court. He removed other cases from his calendar to spend a week or two in the library studying both sides.Lincoln would argue the appeals of more than two hundred cases that other lawyers had lost at the trial court level.
In Effie Afton, Abraham Lincoln served on the legal team for the Chicago and Rock Island Railroad Company and the Mississippi and Missouri Railroads, running on either side of the Big Muddy. Lincoln began his speech in his characteristic way by telling the jury that “he did not propose to assail anybody, that he expected to grow earnest as he proceeded but not ill-natured.”When Lincoln spoke of the depth of the river channel under the bridge, following him took attention and some skill. He conveyed detailed information; his voice gave assurance and facts. While his voice was “shrill, squeaking, piping,” as he continued to speak, it “became harmonious, melodious, musical, if you please; his form dilated, swelled out, and he rose a splendid form, erect, straight and dignified.” (Burlingame, Abraham Lincoln: A Life 1:320)
Lincoln honed his analytical and debating skills in this case, further building his reputation. He had learned how to communicate effectively with juries, to speak to them in words that would convince them that justice should prevail. During this trial, Francis Saltonstall, a stock and bond broker, recalled Lincoln “seemed to have committed all the facts and figures to memory, and often corrected evidence so effectively as to cause a ripple of mirth in the audience.” Then Lincoln applied what he learned about appealing to members of the jury to voters in his political life. However, he won his first election to the Illinois State Legislature in 1834, more than two decades earlier.
He didn’t need to stay working in out-back Illinois. After Lincoln won several important cases, a prominent Chicago attorney named Grant Goodrich invited him to join his law practice, but Lincoln said “no,” explaining directly that he “would rather go around the Circuit . . . than sit down & die in Chicago.” (Herndon’s Informant’s: Letters, Interviews, and Statements about Abraham Lincoln, p. 349)
When Lincoln spoke of the depth of the river channel under the bridge, following him took attention and some skill. He conveyed detailed information; his voice gave assurance and facts. While his voice was “shrill, squeaking, piping,” as he continued to speak, it “became harmonious, melodious, musical, if you please, with a face somewhat allow; his form dilated, swelled out, and he rose a splendid form, erect, straight and dignified.” (Burlingame, Abraham Lincoln: A Life 1:320)
In this case, he honed his analytical and debating skills, further building his reputation. In addition, he had learned how to communicate effectively with juries, to speak to them in words that would convince them that justice should prevail. Then Lincoln applied what he learned to gather Illinois voters to his political life. He advanced from his earlier victory as an Illinois State Legislator in 1834. During the trial, Francis Saltonstall, a stock and bond broker, recalled Lincoln “seemed to have committed all the facts and figures to memory, and often corrected evidence so effectively as to cause a ripple of mirth in the audience.”
He didn’t need to stay working in out-back Illinois. After Lincoln won several important cases, a prominent Chicago attorney named Grant Goodrich invited him to join his law practice, but Lincoln said “no,” explaining directly that he “would rather go around the Circuit . . . than sit down & die in Chicago.” (Herndon’s Informant’s: Letters, Interviews, and Statements about Abraham Lincoln, p. 349)
Lincoln would argue the appeals of more than two hundred cases that other lawyers had argued at the trial court level. When preparing for a case before the Illinois Supreme Court, he would quit his other work for a week or two in the court’s library or his office. When he stood to argue an appeal before the Illinois Supreme Court, the opposing lawyer never had an opportunity to make a point Lincoln had not already investigated.
Lincoln on the River:
As a youth, Lincoln learned to navigate the Mississippi River. In 1827, when he was 18, he operated a private flatboat ferry on Little Pigeon Creek, charging twenty cents daily. Eventually, regular ferry operators became angry and arrested him for operating a ferry without a license. He defended himself before a justice of the peace. Lincoln argued that Kentucky law (he lived close to the border between the two states) did not forbid non-licensed ferry boats from conveying passengers to steamboats in the middle of the river. Later Lincoln said this experience helped him develop an interest in the law.
Far from being against water transportation, Lincoln appreciated what steamboats could do to widen the horizons of his fellow Midwesterners. So he built a simple flatboat sailing down the Mississippi to New Orleans. While there, Lincoln saw many black people, including women and children, in chains, being bought and sold in the market, many to work on plantations growing cotton. That experience awakened him to the perils of slavery and stayed with him throughout his political career.
This case fell within Lincoln’s philosophy –the American System–(and the 1830 Whig Party philosophy of Henry Clay). The Whigs called for tariffs to protect and promote American manufacturing and create a home market for American products, a national bank to provide a sound and uniform currency, and federal support for roads, canals, and river improvements.” (Holt, Rise, and Fall of American Whig Party, speech by Henry Clay, March 30, 1830)
History’s Verdict of the Effie Afton
Abraham Lincoln cemented his legal reputation based on this victory. Then after a series of debates with Stephen Douglas, Lincoln overcame better-known candidates to be the Republican nominee and mounted a successful campaign for President in 1860. (Although candidates did not travel around the country in those days, but had surrogates who spoke for them.) But, unfortunately, the jurors could not reach a legally binding verdict—the jury was hung—since they could not reach a unanimous decision. Financial results show the steamboat companies’ fears of the rail industry were realistic. Still, technological change brought faster, less expensive, more reliable transportation that made all the difference, sinking the steamboat trade.
Despite the Effie Afton litigation cost, the railroad spanning the Mississippi made money the year after the decision.
1866 – Railroad bridges were funded and built at Quincy, Ill; Burlington, Iowa; Hannibal, MO; Prairie du Chien, WI; Keokuk, Iowa; Winona, MN; Dubuque, Iowa, and St. Louis and Kansas City, MO
1879 – More than 85 percent of farm products were shipped from states along the Mississippi by rail and 15 percent by the river.
By 1890, the entire rail business out of St. Louis was twelve times the river traffic; by 1906, it was one hundred times.
But just a few decades after the court’s ruling, these economic events gave the victory to travel by rail that now operates across the country. Of course, as history continues, rail passenger travel focuses more on efficient regional trips on both coasts. Now less bulky freight travels by air for swifter service. Instead, large trucks carry products to final destinations, generally for shorter distances, though some 18-wheel trucks haul bulky equipment and agricultural products.
All transportation services compete for drivers and currently rail freight engineers are negotiating higher salaries and sick leave after working through the Pandemic without upgrades. Transportation that moves America will continue to evolve as advances in electric batteries create opportunities for less polluting vehicles. However, the electricity that runs the modern vehicles still relies in part on coal as an energy source. New inventions and advances in energy sources will bring new challenges, just as in the 19th century.
Notes:
McGinty, Brian. Lincoln’s Greatest Case: The River, the Bridge, and the Making of America (New York: Liveright Publishing Corp., a division of W.W. Norton & Company, 2015)