The Historian's Perspective
A Vindication of the Character and Public
Services of Andrew Jackson. Pamphlet by Henry Lee, 1828.
(GLC 08500.01)
The Culture of Congress in the Age of Jackson
by Joanne Freeman
During an 1841 debate in the House of Representatives, Edward Stanly
of North Carolina said something derogatory about Virginian Henry Wise.
A few minutes later, Wise walked over to Stanly’s seat. After
some “earnest, and excited conversation . . . Mr. Wise made a
motion as if to invite Mr. Stanly out, to which Mr. Stanly made a gesture
of dissent. Mr. Wise. . . was observed to slap Mr. Stanly in the face
pretty severely with his open hand. A scuffle then ensued, a number
of members rushing to the scene of the contest.”
At this point, as an eyewitness recalled, Wise called Stanly
a mean, contemptible puppy and miserable wretch,” to which Stanly
replied[,] “You are a liar,” when Wise struck him, and [a]
fight instantly ensued. Nearly all the members rushed to the spot where
they were engaged. . . The Speaker crying at the exten[t] of his voice[,]
“Order—order—order,” exclamations from the crowd
of “Damn him[,] down with him”—“Where are your
Bowie knives”—“Order gentlemen, for God’s sake
come to order”—“Go it Arnold”—“Knock
him down” . . .Mr. Clarke, the Clerk of the House, seized the
mace & went into the midst of the melee & exclaimed[,] “Gentlemen,
respect the symbol of authority, respect yourselves.” Mr. Arnold
& Mr. . . .Butler of Ky. were seen in violent personal contest,
& Mr. Houston of Ala. held an uplifted cane over Mr. Arnold’s
head, which some member arrested in its descent, & thus, probably
saved Mr. A. a bloody coxcomb.
The enormous Dixon Lewis of Alabama ultimately ended the fight, separating
the brawlers by placing his bulk between them.
We might expect to see such incidents amidst the rising tensions in
the decade before the Civil War, but in fact, they occurred as far back
as the 1820s, and ebbed and flowed through the 1830s and 1840s. These
decades witnessed countless extreme outbursts on the floor of Congress.
Some never advanced beyond an exchange of deliberate personal insults
and talk of a duel. Some were actual fistfights. Some—canings
or beatings—took place on the streets of Washington. A few were
all-out brawls with dozens of congressmen jumping over desks and brandishing
weapons. Such tussles occurred more frequently in the House; the Senate
favored duel challenges. Although the frequency of these clashes varied
from year to year, decade to decade, taken as a whole, they offer an
unexpectedly rowdy image of the antebellum Congress.
In fact, such violence was something of a norm in Congress. As Benjamin
Brown French, assistant clerk of the House, wrote to his sister in January
of 1839, “This session is like all other sessions that I have
seen—except there has, as yet, been no fighting.” Indeed,
the threat of violence loomed large enough to become an invaluable rhetorical
tool. As one congressional columnist wrote in 1834, “A member
may talk…and be very argumentative and speak to the point, but
hardly ten of those about him will know a single word that he has said
. . . but let him at once change his manner and pounce upon some fellow
member with a small sprinkling. . .of personal abuse, the whole House
is all attention.”
Many of these encounters, particularly the most physically violent
ones, involved Southerners—but not only Southerners were involved.
Once provoked, many Northerners felt compelled to defend their honor
and the honor of their state and region by responding in kind, sometimes
in ways that would not have been acceptable back home. As New Hampshire
Representative John Parker Hale put it in 1844, “although the
people whom he had the honor in part to represent did not acknowledge
the obligations of that code of honor which was held in such high estimation
by some, yet he could assure the House that if it were understood that
members must come into this House upon such conditions . . . the frozen
regions of the North, would not be wanting in men who were prepared
to go wherever duty called them.” Regional preferences had to
alter to suit circumstances on the national stage, where Northerners,
Southerners and westerners engaged in political (and cultural) conversation.
This culture of threats and counter-threats posed a real challenge
to the institutional workings of Congress. Freedom of debate centered
on congressional privilege: the exemption of congressmen from being
questioned about words spoken in debate. What, then, was the proper
response for insults uttered during debate? Should the institution attempt
to reconcile the warring parties? Or should it ignore such matters—and
their potentially deadly consequences?
At one time or another, Congress adopted both of these approaches.
Sometimes, the House or Senate met in “secret session” to
settle a personal dispute. Other times, in particularly serious cases
(like an open fistfight or a death in a duel), a committee was formed
to determine the proper response. Yet there were problems with this
approach because the Speaker could form a biased committee through strategic
appointments. On other occasions, friends negotiated some sort of truce
behind the scenes, usually off the floor. Sometimes, a congressman formally
(and publicly) waived the protection of privilege so that he and his
opponent could settle their dispute “like men”—probably
with a duel. In other cases, the entire question of privilege was simply
ignored. To many Northerners and Southerners alike, relying on such
institutional safeguards felt cowardly. Personal honor could not be
maintained behind a shield of congressional privilege; the personal
and the political were intertwined. The many violent outbursts provoked
by the issue of slavery revealed this all too well, binding together
an inflammatory combination of political principles, party politics,
regional loyalties, personal morals, and personal reputations.
Throughout this period, neither the House nor the Senate enforced the
rules consistently beyond declaring things “out of order,”
and these types of declarations were often partisan. “Order depended
more upon the party passions and capricious feelings of members, than
upon any established rules,” complained Ohio Representative Alexander
Duncan in 1841, after being called to order by a Whig. “[D]uring
this debate Mr. Van Buren has been called a jackass, and his cabinet
and cabinet officers knaves, fools, liars, swindlers, and thieves, but
there was no Whig then to call to order; it was all right, all fair,
and all in order.” Even when one congressman killed another in
a duel, there was no punishment. When Representative William Graves
of Kentucky killed Representative Jonathan Cilley of Maine in 1838,
an investigative committee ultimately decided that Congress could not
try its members for crimes that should be tried in civil courts.
This is perhaps the most remarkable aspect of antebellum congressional
violence both indoors and out: only a handful of congressmen were punished.
No congressman was ever expelled for fighting, and only a few were formally
censured. A few duelists were arrested by civil authorities but immediately
released under promise of good behavior. Some brawlers paid fines that
were often disproportionately small. Some had their offensive words
“taken down” on the record—with no judgment attached—but
even this seemingly minimal punishment elicited outrage. To men so concerned
with their reputations and constituencies, being reprimanded on the
public record was unbearable.
Why all this violence during the age of Jackson? In part, it stemmed
from the constellation of highly charged issues under debate. Jackson’s
polarizing policies and politics stirred up controversy at a time when
the looming issue of slavery was becoming a dangerously charged force.
Jackson’s high-handed manner of dealing with Congress—and
his blatant attempts to slap at his congressional opposition—didn’t
help matters. For example, in his last annual message to Congress, Jackson
boasted of his administration’s virtue and pure motives—a
deliberate slap at the Whig charges of corruption that had plagued his
administration. Whigs responded by demanding two committees explicitly
aimed at “investigating” the workings of Jackson’s
administration. Jackson’s public popularity made him all the more
aggressive in his tactics and policies, further fueling political tensions.
It also helped to personalize national politics, centering it on the
figure of Andrew Jackson, and framing the period’s politics as
a clash between Jackson’s personal and political supporters and
his personal and political enemies.
Congressional violence was also fueled by the press. Broadcasting the
doings of Congress to a national audience with ever-increasing speed
an efficiency, this burgeoning communications network made it difficult,
if not impossible, for congressmen to patch up grievances through quiet
accommodation and compromise. In the 1790s, congressmen might have been
able to settle matters out of the public eye. But with the exponential
growth of the press in the 1820s, this changed. In 1800, roughly 1 million
individual newspapers were sent through the U.S. postal system; by 1820,
this number had increased to 6 million; by 1830, it had almost tripled
to 16 million, and by 1840, 39 million newspapers were sent through
the mail—an increase of roughly a million newspapers a year. Between
1820 and 1840, newspaper circulation multiplied from 6 million to 39
million.
Joined with the ever-growing multitude of reporters whose regular business
was covering Congress, newspaper exposure made it difficult for combative
congressmen to hide. Harsh words exchanged on the floor of the House
or Senate could be instantly transmitted nationally. Sensitive to their
home audiences, congressmen felt compelled to defend the reputations,
rights, and the interests and standing of their states with fist-clenched
diligence. An expansive national audience made it difficult to tolerate
offhand slights and insults; extreme accountability meant increased
tolerance. That same audience was a near-irresistible attraction for
publicity-seeking politicians hoping to please constituencies back home.
So renowned was such constituent-pleasing claptrap that it garnered
a nickname, thanks to North Carolina Representative Felix Walker, who
explained to exasperated colleagues that they could ignore his long-winded
speech because he was speaking only to Buncombe, North Carolina. “Buncombe
speeches” were often extreme, given their local focus, particularly
when they touched on the topic of slavery, so they too stoked political
passions. (“Buncombe” eventually became synonymous with
“empty banter,” and by 1900 had been shortened to “bunk.”)
Ironically, the press – a nationalizing influence that stimulated
democracy and legislative accountability – contributed to the
chaos at the capitol.
This chaos in Congress reflected the times. Antebellum America was
a violent place—a rough-and-tumble, violently partisan, expanding
nation young enough to be experiencing something of an identity crisis.
Organized party politics was in its youth and often ruthless. Nativism,
racism, and the nation’s burgeoning crowded cities contributed
to an outpouring of street violence. Regionalism ran rampant, driven
by the shadow of slavery. Thus, in many ways, the culture of Congress
in the age of Jackson represented the spirit and mentality of that era.
Congress was truly a representative body, just as it was meant to be.
In this sense, Congress is a fascinatingly unique institution—a
place where national sentiment, sectional interests, and the bonds of
Union are reflected and played out in the interplay of elected representatives.
During the first half of the nineteenth century, Congress reflected
national sentiment with a vengeance.
Joanne Freeman is Professor of History at Yale
University, and the author of the award-winning Affairs of Honor:
National Politics in the New Republic (2001) and the editor of Alexander
Hamilton: Writings (2001). Her next project explores the culture
of Congress in antebellum America.