YALE UNIVERSITY LIBRARY Cb?5'i-'82.,%^ fiBCOKD EDITION. REVISED AND KMLAUOED. boston: btklleotyped and printed by john wilson and sou, Ko. 5, Water Street. PREFACE. Since the adoption of the Federal Constitution, ques tions pertaining to slaves and slavery have often been pressed upon the Congress of the United States. Those questions, generally, originated by the slaveholding class, have, down to the 4th of March, 1861, almost uniformly resulted in the success of measures tending to the perpetuity and extension of slavery, and to the increase of its influence over the National Government. Since the breaking-out of the Eebellion, the exigencies of the nation have forced upon the 37th and 38th Con gresses the consideration of a series of antislavery measures. These measures, so comprehensive in their scope and character, cannot faU to have a lasting in fluence upon the future of the country. I have sought, in this volume, to narrate, with brevity, fairness, and impartiality, the history of the antislavery legislation of Congress during the past four years of civil war. In tracing the words of[ the actors in these great meas ures of legislation, I have endeavored faithfully to give their ideas, or to quote their words, so as to present to a* [v] VI PREFACE. the reader their position, feelings, and opinions. Trust ing that I have not wholly failed in my endeavors to record with fidelity thia antislavery legislation, I present this volume to the public, in the hope that it' will be of some little interest, especially to those who, amid years of obloquy and reproach, have labored and hoped for the dawning of that day, when, in all the wide circuit of our land, " the sun will not rise upon a master, or set upon a slave." CONTENTS. CHAPTER I. SLAVES USED FOR IN8URRE0TIONART PURPOSES MADE FREE. Slaves nsed in the Eebel Forces, Mr. Trnmbull's Proposition to free Slaves nsed for Military Purposes. Mr, Trumbull's Speech. Mr. Breckin ridge's Speech. Mr. -Wilson's Speech. Mr, Breckinridge's Eeply. Mr. M'Dougall's Speech. Mr, Ten Eyck's Speech. Mr. Pearce's Speech. Adoption of Mr. Trumbull's Amendment freeing Slaves used for Mili tary Purposes. Substitute reported by the Judiciary Committee of the House. Substitute Rejected. Mr. Bingham's Speech. Mr. Burnett's Speech. Mr, Crittenden's Speech, Mr. Kellogg's Speech. Mr. Cox's Motion to lay ths Bill on the Table. Mr. Pendleton's Speech. Mr. Stevens's Speech. Mr, Diven's Speech. Mr. Pendleton's Motion to recommit the Bill carried. Bill reported back with an Amendment. Mr. Holman's Motion to lay the Bill on the Table. Pas^fige of the Bill . . . pp. 1-16. CHAPTER n. FUGITrVE SLAVES NOT TO BE RETURNED BT PERSONS IN THB ARMT. Snrrender of Slaves coming within the Lines of the Union Armies. Mr. Lovejoy's Eesolution. Notice of a Bill by Mr. Wilson. Mr, Lovejoy's Bill. Mr. Sumner's Eesolution. Mr. Cowan's Speech. Resolution of Mr. Wilson of Iowa. Bill of Mr. Wilson of Massachusetts. Mr, Wil son's Bill considered. Mr. Saulsbury's Motion to postpone indefinitely. Mr. CoUamer's Amendment. Mr, Powell's Speech. Mr. CoUamer's Speech. Mr. -Wilson's Speech. Mr. Pearce's Speech. Mr. Blair's BiU to make an additional Article of War. Mr, Bingham's Speech. Mr. -Vallandigham's Motion to lay the Bill on the Table. Passage of the House Bill. Eeported by Mr. Wilson in the Senate, Mr, Davis-s [vil] vm CONTENTS. Amendment. Mr, Saulsbury's Amendment. Mr. M'Dougall's Speech. Mr. Howard's Speech, Passage of the Bill. Mr, Wilson's Resolution concerning the Surrender of Fugitives, Mr. Grimes's Amendment. Mr. Grimes's Speech. Mr. Sumner's Speech. Mr. Saulsbury's Speech. pp, 17-37. CHAPTER m. THE ABOLITION OF SLAVERY IN THE DISTRICT OF COLUMBIA. The National Capital. Slavery. Mr. -Wilson's Eesolution, The District Coramittee, Mr, Wilson's Bill. Mr. Morrill's Report, with Amend ments. Mr. Wilson's Bill to repeal the Slave Code-. Committee's Amendments adopted, Mr, Morrill's Amendments. Mr, Davis's Amend ments, Mr, Doolittle's Amendment. Remarks by Mr, Davis. Mr. Halo. Mr. Doolittle. Mr. Pomeroy. Mr. Willey. Mr. Saulsbury. Mr, King. Mr, Davis. Mr, Wilson. Mr. Kennedy. Mr. Saulsbury. Mr. Harlan, Mr. Wilkinson. Mr. Saulsbury's Amendment. Mr. Sum ner. Mr. Wright. Mr. Fcssonden. Mr. Davis's Amoiidinont. Mr. Clark's Araendment. Mr. Willey's Amendment. Mr, Clark's Amend ment. Mr. Davis. Mr. Morrill, Mr. M'Dougall. Mr. Sumner's Amendment, Mr. Wright's Amendment. Mr, Browning's Amend ment. Mr. Wilmot. Mr. £)ollamer'8 Amendment. Mr, Doolittle's Amendment. Mr, Powell. Mr, Bayard. Passage of tbe Bill, House. Mr, Stevens's Motion. Mr. Thomas, Mr, Noxon. Mr. Blair. Mr. Crittenden, Mr. Riddle. Mr. Fessenden. Mr. Rollins. Mr. Blake. Mr. -y^an Horn. Mr. Ashley. Mr, Hutchins. Mr. Wright's Amend ment. Mr. Hickman, Mr, Wadsworth. Mr. Harding's Amendment. Mr. Train's Amendment. Mr. Lovejoy. Mr. Wickliffe's Araend ment. Mr, Holman's Amendment. Mr. Cox. Mr. Menzies' Amendment. Passage of the Bill pp. 88-78. CHAPTER rv. THE president's PROPOSITION TO AID STATES IN THE ABOLISHMENT OF SLAVERY. The President's Special Message. Mr. Eosooe Conkling's Resolution. Mr. Richardson's Speech. Mr. Bingham's Speech. Mr. Voorhees' Speech. Mr, Mallory's Speech. Mr. Wickliffe's Speech. Mr, Diven's Speech, Mr. Thomas's Speech. Mr. Biddle's Speech. Mr. Crisfield's Speech. Mr, Olin's Speech. Mr. Crittenden's Speech. Mr. Fisher's Speech. Mr. Hickman's Speech. Passage of the Bill in the House. In the Senate. CONTENTS. ix the Eesolution reported without Amendment by Mr, Trumbull. Mr. Sauls bury's Speech, Mr, Davis's Amendment. Mr, Sherman's Speech, Mr. Doolittle's Speech. Mr. Willey's Speech. Mr. Browning's Speech. Mr, M'Dougall's Speech, Mr, Powell's Speech. Mr, Latham's Speech. Mr. Morrill's Speech. Mr. Henderson's Amendment. Mr. Sherman's Speech. Passage of the Resolution pp, 70-91. CHAPTER V. THE PROHIBITION OF SLAVERY IN THE TERRITORIES. Mr. Arnold's Bill. Mr, Lovejoy's Report. Motion to lay the Bill on the Table. Mr. Lovejoy's Substitute. Eemarks of Mr. Cox. Mr. Diven, Mr. Olin. Mr. Crisfield. Mr. Kelley. Mr, Sheffield. Mr, Stevens. Mr. Thomas. Mr. Bingham, Mr, Fisher. Passage of the Bill in the House, In the Senate. Mr. Browning's Eeport, Mr. Browning's Amendment. Mr, Cariiie's Speech, Mr. Wade's Speech. Passage of tlie Bill as amended. Amendment of the Senate concurred in. pp. 92-109. CHAPTER VI. CERTAIN SLAVES TO BE MADE FREE. Mr. Pomeroy's Bill, Mr, TrumbuU's Bill, Mr, Morrill's Joint ReSblution. Report of the Judiciary Committee. Mr. Sumner's Amendment. Mr. Shennan's Amendment. Eemarks of Mr. Willey. Mr, Hale's Reply. Mr. Harris's Amendment, Remarks of Mr. Howard. Mr, CoUamer's Amendment. Motion to refer to a Select Committee. Remarks of Mr. Wilmot. Mr. Wilson's Amendment. Mr, CoUamer. Motion to refer to a Select Committee by Mr, Clark, Eemarks of Mr, Hale, Mr. Wil son's Reply. Select Committee. Mr, Clark's Report. Mr, Sumner's Amendment. Mr. Davis's Amendment, Mr, Saulsbury's Amendment. Mr. Wilson's Amendment. Mr. Clark's Amendment. Mr. Sumner's Amendment. Passage of the BiU. House. Mr. Eliot's Eesolution. Mr. Eoscoe Conkling's Amendment. Mr. Campbell's Resolution. Mr. Stevens's Resolution. Mr, Conway's Eesolution. Bills referred to Judi ciary Committee, Mr. Hickman's Eeport. Mr, Bingham's Substitute. Mr. Porter's Amendment. Mr. Eliot's Eeport. Bill defeated. Eecon- sideration, Eecommitted on Motion of Mr, Porter. Reported back by Mr, Eliot, Mr, Clark's Amendment, Senate Amendment lost in the House. Senate Conference Committee. House Conference Committee. Report of Conference Committee. Mr. Clark's Senate Amendment adopted. . • pp. 110-174. X CONTENTS. CHAPTER vn. HAYTI AND LIBERIA. Mr. Sumner's BiU to authorize the Appointment of Diplomatic Eepre sentatives to Hayti and Liberia, Mr, Sumner's Speech, Mr, Davis's Amendment, Mr, Davis's Speech, Pa,ssage of the BiU, The Bill reported in the House. Mr. Gooch's Speech. Mr, Cox's Amendment. Mr, Cox's Speech. Mr, Biddle's Speech. Mr. Kelley's Speech, Mr. M'Knight's Speech, Mr, Eliot's Speech, Mr. Tliomas's Speech. Mr, Fessenden's Speech, Mr, Maynard's Speech. Mr, Crittenden's Speech. Passage of the Bill pp. 176 -183. CHAPTER VIII. EDUCATION OF COLORED YOUTH IN THE DISTRICT OP COLUMBIA. Mr. Grimes's Bill. Mr. Grimes's Report, Mr. Wilson's Amendment. Re marks of Mr. Wilson. Passage of the Bill, Bill reported in the House by Mr. Rollins, Passage of the Bill. Mr, Lovejoy's Bill. Reported by Mr. Fessenden, Passage of tlie Bill, Bill reported in the Senate by Mr. Grimes, Passage of the Bill. Mr. Wilson's Bill, Eeported fiom the District Committee. Remarks by Mr, Carlile, Mr, Grimes. Mr, Davis Jlr, Morrill. Passage of the Bill in the Senate, Passage in the House. Mr.^Wilson's Bill, Mr, Grimes's Bill, Passage in the Senate. Mr Patterson's Substitute, Passage of the Bill. ... pp. 184-104. CHAPTER IX. THE AFRICAN SLAVE-TRADE. The Treaty between the United States and Great Britain for the Suppression of the Slave-trade. Mr. Sumner's Bill, Eemarks of Mr. Saulsbury. Passage of the Bill. Mr. Foster's Bill. Passage of the Bill. * pp, 195-197. CHAPTER X. ADDITIONAL ACT TO ABOLISH SLAVERY IN THE DISTRIO'l' OF C0LU.-\1BIA. Mr, Wilson's Bill, Eeported back with Amendments by Mr, Grimes. Mr. Grimes's Speech. Mr. Wilson's Speech. Committee's Araendments. Mr, Sumner's Amendment. Passage of the Bill, Bill in the House. Remarks of Mr, Wickliffe, Motion to lay on the Table by Mr, Cox. Remarks by Mr. Crisfield, Passage of the Bill. . pp, 198-202. CONTENTS. xi CHAPTER XI. COLORED SOLDIERS. Mr, Wilson's Bill. Mr. Grimes's Amendment. Eemarks of Mr, Saulsbury. Mr. Carlile. Mr. King's Amendment, Mr. Sherman's Speech. Mr. Fessenden's Speech. Mr, Rice's Speech, Mr. Wilson's Speech, Mr. Davis's Amendment. Mr. CoUamer's Speech. Mr. Ten Eyck's Speech, Mr. King's Speech. Mr. Henderson's Amendment. Mr, Sherman's Amendment Mr. Browning's Amendment, Mr. Lane's Speech, Mr. Harlan's Speech. Mr. Wilson's Bill. Remarks by Mr. Sherman, Mr, Lane. Speech of Mr, Howard, Mr, Sherman's Amendment. Mr. Browning's amendment. Remarks of Mr, Henderson. Mr. Wright, Mr. Doolittle. Mr. Powell, Passage of the Bill, Mr. Stevens's Amend ment Remarks of Mr. Clay. Mr, Boutwell. Mr, Davis's Amendment. Mr. Mallory's Speech. Mr. Webster's Amendment, Mr. Scofield's Speech. Mr. Wood's Speech. Mr, Whalley's Amendment, Mr. Ste vens's Amendment adopted. Conference Committee. Eeport adopted. pp. 203-223. CHAPTER xn. AID TO THE STATES TO EMANCIPATE THEIR SLAVES. Mr, Wilson's Joint Resolution. House Committee on Emancipation. Mr, White's Bill. Mr, Wilson's Eesolution, Mr, Henderson's Bill. Mr, Noell's Bill. Mr. White's Eeport. Remarks of Mr, Clements. Mr. Wickliffe. Mr, NoeU, Passage of the Bill, House Bill reported by Mr. TrumbuU. Eemarks of Mr, Henderson. Mr. Wilson's Amendment. Eemarks of Mr, Fessenden, Mr. Trumbull. Mr. roster. Mr, Wilson, Mr, Sher man. Mr, Cowan. Mr. Bayard, Mr. Clark. Mr. Lane of Kansas. Mr. Morrill. Mr, Wilson's Amendment. Mr. Grimes's Speech, Mr. Kennedy's Speech. Mr, Harris's Eeport. Mr. Wilson of Missouri. Mr. Wall's Speech. Mr. Richardson's Amendment, Mr, CoUamer's Amendment Mr. Sumner's Amendment Remarks of Mr, Powell. Mr. Sumner's Amendment Mr. Sumner's Speech. Passage of the BiU as amended. Mr. White's Eeport in the House. Bill referred to Commit tee of the Whole pp, 224-248. CHAPTER xm. \ AMENDMENT OF THE CONSTITUTION. Mr, Ashley's Bill. Mr, JV''"""'' Joint Resolution. House Committee on the Judiciary. Mr, Henderson's Joint Resolution. Mr. Sumner's Resolu tion. Mr. Henderson's Amendment reported with an Amendment, xu CONTENTS. Remarks of Mr. Trumbull. Mr. Wilson. Mr, Davis's Amendment Re marks of Mr, Saulsburj". Mr. Clark. Mr. Howe. Mr, Johnson, Mr. Davis's Amendments. Mr. Powell's Amendment. Eemarks of Mr. Harlan. Mr. Hale. Mr. M'Dougall. Mr, Hendricks, Mr, Hender son. Mr. Suraner. Mr, Sumner's Amendment, Remarks of Mr. Trumbull. Mr. Howard, Passage of- the Joint Resolution in the Sen ate. Mr. Morris's Speech. Remarks of Mr. Herrick. Mr. Kellogg. Mr. Pruyn. Mr. Wood. Mr. Higby. Mr, Wheeler's Amendment. Mr. Kellogg of Michigan. Mr. Eoss. Mr, Holman, Mr. Thayer. Mr. Mal lory. Mr, Ingersoll. Mr. Pendleton's Amendment Joint Resolution defeated. Mr. Ashley's Motion to reconsider. . . pp. 249-272. CHAPTER xrv. REPEAL OF FUGITIVE-SLAVE LAWS. Mr. Howe's Bill. Mr. Wiimot's BiU. Mr. WUson's BUl. Mr. Stevens's BiU. Mr. Ashley's BiU, Mr. Julian's Bill. Special Comraittee on Slavery. Mr. Sumner's Bill and Eeport. Mr, Foster's Speech, Mr. Sherman's Amendment, Mr, Johnson's Speech. Mr, Sumner's Speech. Mr, Sauls bury's Amendment, Mr. Brown's Speech, Mr, Howard's Amendment. Eemarks of Mr. Conness. Mr. Morris's Bill. Remarks of Mr, Mallory. Mr. Morris. M. Wilson. Mr. Pendleton. Mr. King, Mr. Cox, Mr Hubbard. Mr. Farnsworth. Passage of Mr. Morris's Bill in the House. Mr. Morris's Bill reported by Mr. Sumner. Mr. Saulsbury's Amend ment. Mr. Johnson's Amendment. Passage of the Bill. pp. 273-292. CHAPTER XV. PAY OP COLORED SOLDIERS. Mr. WUson's Bill. Mr. Grimes's Amendment. Mr, WUson's Joint Res olution. M. Conness's Amendment. Eemarks of Mr. Fessenden. Mr. Wilson. Mr, Foster. Mr. Sumner. Mr, Johnson. Mr. Grimes. Mr. Howe, Mr. Wilson. Mr, Grimes, Mr, Cowan's Amendraent Mr. Sumner's Amendment. Mr. Wilson's Amendment. Mr. Doolittle's Amendment. Mr, Sumner's Amendment to Mr. Cowan's Amendment, Mr. Wilson's Amendment, Remarks of Mr, Clark. Mr. Davis's Amend ment Mr, CoUamer's Amendment Remarks of Mr, Foot Mr. Sum ner's Amendment Remarks of Mr, Wilkinson. Mr. Wilson. Mr. Howard. Mr. Johnson. Mr. Fessenden. Mr, Wilson's Bill, Mr. Davis's Amendment, Passage of the Bill, Mr. Wilson's Amendinent to the Army Appropriation Bill. Mr, Stevens's Amendment, Remarks of Mr. Holraan. Mr. Price. Mr. Holman's Amendment. Conference Committees. Report accepted. ..." pp. 293-312. CONTENTS. xiii CHAPTER XVI. TO MAKE FREE THE WIVES AND CHILDREN OP COLORED SOLDIERS. Mr. Wilson's Bill to promote Enlistments. Mr. Powell's Motion to strike out the Section to make free the Mothers, Wives, and Children of Col ored Soldiers. Mr, Henderson's Araendment. Remarks of Mr, Grimes. Mr. Wilkinson. Remarks of Mr. Johnson. Mr, Sherman's Speech. Mr. Cariiie's Speech, Remarks of Mr, Doolittle. Mr. Brown's Amendment Mr. Wilson's Amendment. Mr. Wilkinson's Amendment Remarks of Mr. Sherman. Mr. Grimes. Mr. Conness's Motion to refer the BiU. Remarks of Mr. Clark. Mr. Howard. Mr. Fessenden. Mr. Davis's Amendment Mr. Wilkinson's Speech. Mr, Wilson's Joint Resolution. pp. 818-8Z7. - CHAPTER XVII. A BUREAU OF FREEDMEN. Memorial of the Massachusetts Emancipation League. Mr. Eliot's Bill. Select Committee on Emancipation. Freedmen's Bill reported by Mr. Eliot Remarks of Mr. Eliot Mr. Cox. Mr. Cole. Mr. Brooks. Mr Kelley. Mr. Dawson. Mr. Price. Mr. Knapp. Mr. Pendleton. Pas , sage of Mr. Eliot's Bill. Mr. Sumner's BiU. Mr. Eliot's Bill reported by Mr. Sumner, with an Amendment. Mr. Sumner's Speech. Mr. Sumner's Amendment amended and adopted in the Senate. The House postpone the Bill to the next Session pp. 328-88 j. CHAPTER XVIH. RECONSTRUCTION OF REBEL STATES. Mr. Harlan's Bill. Mr. Sumner's Resolutions. Mr. Ashley's BiU. Mr. Harris's Bill. Mr. Winter Davis's Resolution. Select Committee on Reconstruction. Mr, Davis's Bill. Eemarks of Mr. Davis, Mr, Beaman, Mr. Alien, Mr, Smithers, Mr. Norton, Mr. BroomaU, Mr, Scofield, Mr. Dawson, Mr. Williams, Mr. Baldwin of Massachusetts, Mr. Donnelly, Mr. Perham, Mr. Gooch, Mr. Fernando Wood, Mr. Kelley, Mr. Boutwell, Mr. Pendleton. Mr, Davis's Substitute. Passage of Mr. Davis's Bill. House Hill reported by Mr. Wade. Mr. Brown's Amendment Mr. Sumner's Amendment. Passage of Mr. Brown's Substitute. Houae non-concur. Senate recede. Passage of the Bill. The President re fuses to approve it pp, 337-347. b XIV CONTENTS. CHAPTER XIX. CONFINEMENT OF COLORED PERSONS IN THE WASHINGTON JAIL. Mr. Wilson's Joint Eesolution. Remarks of Mr. Wilson, Mr. Clark, Mr. Hale, Mr, Wilson, Mr, Fessenden, Mr, Sumner. Mr, Clark's Resolution. Mr. Grimes's Bill. Remarks of Mr. Grimes. Mr. PoweU's Amendment Remarks of Mr, Pearce, Mr. Powell, Mr. Carlile, Mr, Wilson, Mr. Fes senden, Mr, Latham, Mr, Cowan. Passage of the Bill. Mr. Wilson's Bill. Eemarks of Mr, Wilson. Mr. Grimes's Amendment, Remarks of Mr. M'Dougall, Mr, Hale, Mr. Wilson, Mr. Pearce, Mr. Sumner. Mr. Bingham's Bill pp, 348-357. CHAPTER XX. NEGRO TESTIMONY. The BUl to abolish Slavery in the District of Colurabia. Mr. Sumner's Amendment. Supplementary Bill to abolish Slavery in the District of Colurabia. Mr, Sumner's Amendment. Mr, Sumner's Bill, Mr, Sum ner's Amendment to the Civil Appropriation Bill. Eemarks of Mr. Sumner. Mr, Sherman. Mr. Buckalew's Amendment. Remarks of Mr. Saulsbury. Mr. Howard. Mr. Sumner's Amendment adopted. pp. 368-361. CHAPTER XXI. THE COASTWISE SLAVE-TRADE. Mr, Sumner's Bill. Mr. Sumner's Amendment to the Civil Appropriation Bill. Remarks of Mr. Sherman, Mr. Sumner, Mr. Johnson, Mr. Hen dricks, Mr. Collamer, Mr. Johnson, Mr. Saulsbury, Mr. Doolittle. Adop tion of Mr. Sumner's Amendment pp. 3(i2-366. CHAPTER XXn. COLOR NO DISQUALIFICATION FOR CARRYING THE MAILS. Mr, Sumner's Bill. Passage in the Senate. Reported by Mr. Colfax in the House. Eemarks of Mr, Colfax. Mr. Dawes. Mr. Wickliffe. Bill laid on the Table. Mr. Sumner's Bill. Mr. CoUamer's Amendment. Remarks of Mr. Collamer. Mr, Lane of Indiana. Mr. Lane of Kansas. Mr, Saulsbury. Mr, Sumner. Mr, Powell. Mr. Hendricks. Mr. Pow ell's Amendment Remarks of Mr. Conness. Mr. Johnson. pp. 367- 370. CONTENTS. XV CHAPTER XXHL NO EXCLUSION FROM THE CARS ON ACCOUNT OP COLOR. Mr. Sumner's Amendment, Eemarks of Mr. Saulsbury, Mr. Johnson, Mr. Sumner, Mr. Morrill. Mr. Sumner's Amendment. Remarks of Mr. Sherman, Mr. Hendricks, Mr. Willey, Mr. Sumaer, Mr. Wilson, Mr. Trumbull, Mr. Sumner, Mr. Wilson, Mr. Grimes, Mr. PoweU. Amend ment agreed to pp. 371-376. CHAPTER XXrV. AMENDMENT OF THE CONSTITUTION. FINAL ACTION. Second Session of Congress. President's Message. Remarks by Mr. Brooks. Mr, Creswell. Eemarks by Mr. Aslilev on his Motion to re consider the Rejecting Vote. Remarks by Mr, Orth. Mr, Scofield. Mr. Bliss. Mr, Rogers, Mr, Davis. Mr, Yeaman. Mr. OdeU. Mr. Kas son, Mr. Fernando Wood. Mr. King. Mr. Smithers. Mr. Holman. Mr, Pendleton. Mr. Jenckes. Mr, EoUins. Mr. Garfield. Mr, Stevens. Mr. Baldwin, Mr. Washburne. Mr. Patterson. Mr. Pike, Mr. M'Al- lister. Mr. Herrick. Mr, Brown. Previous Question. Motion to lay the Motion to reconsider loat. Resolution reconsidered. Passage of tha Amendment Vote received with Cheers pp. 877-804. CHAPTER XXV. TO MAKE FREE THE WIVES AND CHILDREN OP COLORED SOLDIERS. FINAL ACTION. Mr. Wilson's Joint Resolution to make Wives and ChUdren free. Re ported back by the Military Committee. Motion by Mr. Davis to refer it to Judiciary Committee. Remarks of Mr. WUkinson. Mr. Wilson. Mr. Hendricks. Mr, Powell. Mr, Davia. Motion to refer lost. Re marks of Mr. Doolittle. Mr. Saulsbury. Mr. Sumner. Mr. Clark. Mr. Pomeroy. Mr. Wade. Mr. Johnson, Mr, Powell's Amendment Mr. Davis's Amendment rejected. Eemarks by Mr. Trumbull. Pas- soge of the Joint Resolution. Resolution reported from tho House Judiciary Committee. Remarks of Mr. WUson, Mr. Harris. Mr, Mal lory. Passage of the Resolution. Approval by the President. pp. 895-404. XVI CONTENTS. CHAPTER XXVI. A BUREAU OF FREEDMEN. FINAL ACTION. House non-concur in the Senate Amendment Committee of Conference. Report of the Conference Committee. Remarks of Mr. Kernan. Mo tion to lay the Report on the Table lost Remarks of Mr. Schenck. Report accepted. Eemarks of Mr. Sumner. Mr. Davis. Mr. Hen dricks. Mr. Grimes. Mr. Sprague. Mr. Sumner. Mr. Grimes. Mr. Henderson. Mr. Hale. Mr, Conness. Mr. Morrill. Mr. Johnson. Mr. Harlan. Report of the Conference Committee rejected. The Sen ate ask another Conference. The House agree to a Committee of Con ference. Mr. Wilson reports a BiU from the Conference Committee. Remarks of Mr. Powell. Mr. Howard. Eeport accepted. Report accepted by tha House pp. 405-416. CHAPTER xxvn. CONCLUSION pp. 417-424. ANTISLAYERY MEASURES IN CONGRESS. CHAPTER I. SLA"VES -DSED FOR INSURRECTIONARY PURPOSES MADE FREE. StAVES USED IN THE BEBEI. FORCES, — MR. TRCMBDI,1,'8 PEOPOSITIOK TO FREE SLAVES DSED FOK MILITARV PURPOSES. — MR. TRUMBULL'S SPEECH. — MR. BRECKIBBlDQE'3 SPEECH. — MK. WILSON'S SPEECH, — MR, BRECKINRIDGE'S REPLY. — MR. M'dOUGALL'S SPEECH. — MK. TEN ETCK'B SPEECH. — ME. PEARCE'S SPEECH. — ADOPTION OF MR, TRUM BULL'S AMENDMENT FREEING SLAVES USED FOR MILITARY PURPOSES. SUBSTITUTE REPORTED BT THE JUDICIARY COMMITTEE OF THE HOUSE. — SUBSTITUTE REJECTED, — MR. BINGHAM'S SPEECH. — MR. BURNETT'S SPEECH. — MB, CRITTENDEN'S SPEECH. — ME. KELLOOO's SPEECH, — ME. COX'S MOTION TO LAY THE BILL ON THE TABLE, — MR. PENDLETON'S SPEECH, — MR. STEVENS-S SPEECH. — MR. DIVEN'S SPEECH. ^- MR. PENDLETON'S MOTION TO RECOMMIT THE BILL CAR RIED. — BILL REPORTED BACK WITH AN AMENDMENT, — MR, HOLMAN'S MOTION TO LAY- THE BILL ON THE TABLE. — PASSAGE OF THE BILL. AT the opening of the Rebellion, slaves were used by their masters for insurrectionary purposes. Wherever arraed rebels gathered, officers, and in many instances privates, brought their slaves with them as servants. Slaves were put at work on fortifications, and employed by thousands as laborers in various ca pacities in the rising forces of the insurgents. They were used in the erection of the works in the harbor of 1 2 SLAVES USED FOE WAR-PURPOSES Charleston, on which were planted the batteries whose fires demolished Sumter, and kindled the devastating fiames of civil war. In Virginia, -where the rebel forces were massing for the contest, the labor of slaves liglit- ened the toils of rebel soldiers, and augmented the powers of rebel armies. In the Senate, on the 20th of July, 1861, Mr. Trumbull (Rep.) of Illinois, Chairman of the Com mittee on the Judiciary, reported, by order of that committee, a bill to confiscate the property used for insurrectionary purposes. The bill provided, that if during the present or any future insurrection against the Government of the United States, after the President shall have declared by proclamation that the laws of the United States are opposed, and the execution ob structed, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, any person or persons, his, her, or their agent, attorney, or employs, shall purchase or acquire, sell or give, any property, of whatsoever kind or description, with intent to use or employ the same, or suffer the same to be used or employed, in aiding, abetting, or promoting such insurrection, or any person or persons engaged therein ; or if any person or persons, being the owner or owners of any such property, shall knowingly use or employ, or consent to the use or employment of, the same, — all such property is to be declared to be lawful subject of prize and capture wherever found. Mr. Fessenden (Rep.) of Maine thought it a very important bill, that had better be postponed for consid eration. Mr. Trumbull did not care to have the bill considered at that time ; but he would like to offer an MADE fuee. 3 amendment, not reported from the committee, with the view of having it before the Senate. He then proposed as an additional section, — " That whenever any person claiming to be entitled to the service or labor of any other person, under the laws of any State, shall eraploy stich pci-son in . aiding or promoting any insurrection, or in resisting the laws of the United States, or shall permit or suffer him to be so employed, he shall forfeit all right to such service or labor ; and the person whose labor or service is thus claimed shall be henceforth discharged therefrom, any law to the contrary notwithstanding." Mr. Ten Eyck (Rep.) of New Jersey did not under stand the Chairman of the Committee on the Judiciary to offer the amendment from that committee. Mr. Trumbull replied, that he had already stated ,that he ofiered the amendment himself, not from the committee. On the 2 2d of July, the day following the battle of Bull Run, the bill to confiscate property used for in surrectionary purposes was taken up for consideration ; the pending question being Mr. Trumbull's amendment freeing slaves used for military purposes. Mr. Breck inridge (Dem.) of Kentucky said, "This amendment strikes me as very objectionable. I do not propose to argue it, for I am aware it will probably command a decided majority in the Senate ; but I ask for the yeas and nays on the amendment." Mr. Trumbull, Chair man of the Judiciary Committee, in reply to Mr. Breckinridge, said, "As the yeas and nays are called for, I will state simply what it is, and all there is of it. The amendment provides, that if any person held to service or labor in any State, under the laws thereof (by which, of course, is meant a slave in any of these 4 SLAVES USED FOR WAR-PURPOSES States), if employed, in aid of this Rebellion, in dig ging ditches or intrenchments, or in any other way, or if used for carrying guns, or if used to destroy this Government, by the consent of his master, his master shall forfeit all right to him-, and he shall be for ever discharged ; and I am glad the yeas and nays are called to let us see who is willing to vote that the traitorous owner of a negro shall employ him to shoot down the Union men of the country, and yet insist upon restoring him to the traitor that owns him. I understand that negroes were in the fight which has recently occurred. I take it that negroes who are used to destroy the Union, and to shoot down the Union men by the con sent of traitorous masters, ought not to be restored to them. If tho senator from Kentucky is in favor of restoring them, let him vote against the amendment. To these remarks of Mr. Trumbull, Mr. Breckinridge replied, with some warmth of manner, " The line of remarks made by the senator appears to me to be alto gether uncalled for. I expect to do my duty here as a senator, upon my own conscience and upon my own judgment, according to the Constitution. I shall enter into no argument in reply. I showed my willingness to vote by asking for the yeas and nays. In my opin ion, the amendment will be one of a series which will amount, before we are done with it, — if, unhappily, we have no settlement or adjustment soon, — to a gen eral confiscation of all property, and a loosing of all bonds. The inferences the senator draws are not deducible from my motives and purpose in calling for the yeas and nays on this amendment, and the vote I shall give." MADE FEBB. 5 "I shall vote," said Mr. Wilson (Rep.) of Massa chusetts, "with more heart than I vote for ordinary measures, for this proposition. I hope the Senate and the House of Representatives wiU sustain it, and that this Government will carry it out with an inflexibility that knows no change. The idea that men who are in arms destroying their country shall be permitted to use others for that purpose, and that we shall stand by and issue orders to our commanders, that we should dis grace our cause and our country by returning such men to their traitorous masters, ought not longer to be entertained. The time has come for that to cease ; and by the blessing of God, as far as I am concerned, I mean it shall cease. If there is anybody in this Chamber that chooses to take the other path, let him do it : let him know what our purpose is. Our purpose is to save this Govemment and save this country, and to put do-wn treason ; and, if traitors use bondmen to destroy this country, my doctrine is that the Govern ment shall at once convert those bondmen into men that cannot be used to destroy our country. I have no apologies to make for this position. I take it proudly. I think the time has come, when this Government, and the men who are in arms under the Government, should cease to retum to traitors their fugitive slaves, whora they are using to erect batteries, to murder brave men who are fighting under the flag of their country. The time has come when we should deal with the men who are organizing negro companies, and teaching them to shoot down loyal men for the only offence of uphold ing the flag of their country. I hope further, sir, that there is a public sentiment in this country that will 1» 6 SLAVES USED FOR WAR-PURPOSES blast men who will rise in the Senate, or out of it, to make apologies for treason, or to defend or to maintain the doctrine that this Government is bound to protect traitors in converting their slaves into tools for tlic destruction of the Republic." " One single word, sir," said Mr. Breckinridge in reply. " The senator from Massachusetts is a senator from that Commonwealth, and, I presume, discharges what he believes to be his duty. I am a senator from Kentucky, and I do the same thing ; and when the senator attempts to deter me from doing my duty in my place, by intimating to me that the public sentiment, here or elsewhere, will blast any man who votes as he believes in his conscience to be right, I tell him that he speaks to the wind. I will utter no unparliamentary language ; but I give that senator notice now, that it is perfectly idle to attempt to influence the conduct of senators, in the discharge of their public duties, by any such course of remark." "I understand this amendment," said Mr. M'Dougall (Dem.) of California, "to be in the nature of a confis cation for treason. I am in favor of it ; but I ask the senator from Illinois to mako one modification in it. As it now reads, it makes the confiscation where the masters ' permit or suffer ' the employment of these parties. ' Suffer ' may be something he is compelled to do, and therefore I object to that term." Mr. Trumbull would agree to that amendment. Mr. Ten Eyck of New Jersey said, "No longer ago than Saturday last, I voted in the Judiciary Committee against this amendment, for two reasons : first, I did not believe that persons in rebellion against this Govern- MADE FREE. 7 ment would make use of such means as the employment of persons held to labor or service in their armies ; secondly, because I did not know what was to be come of these poor wretches if they were discharged. God knows, we do not want them in our section of the Union. But, sir, having learned, and believing, that these persons have been employed with arms in their hands to shed the blood of the Union-loving men of this country, I shall now vote in favor of that amendment, with less regard to what may become of these people than I had on Saturday. I will merely instance that there is a precedent for this. If I recollect history aright. Gen. Jackson, in the Seminole War, declared that every slave who was taken in arms against the United States should be set free." "It will not be surprising to the Senate," said Mr. Pearce (Dem.) of Maryland, "if those who come from the section of the country in which I reside should be a little sensitive at any thing which proposes, as this amendment does, an act of emancipation, however limited and qualified. That is ray objection to it. Be sides, I think it will be brutum fulmen. Nothing will come of it but more of that irritation -of which it is my earnest prayer there shall be as little as possible. I think it is the part of statesmen, in managing the con cerns of the country at this dreadful crisis, to observe all possible toleration, all conciliation, all liberality; not looking merely at the events of the day, but at the great events that may crowd upon us for years, and upon which the fate of the country, for weal or for woe, may depend for a century. I am not insensible to the magnitude of this occasion. I look at all its 8 SLAVES USED FOB WAR-PURPOSES aspects, and at all the consequences which may result from that which is now in progress. No man de plores it more deeply than I do. No man sought more earnestly to shun it. I only ask now, that this measure, which cannot be of any very active force, may not be adopted ; because it will only add one more to the irritations which are already exasperating the coun try to far too great an extent. It wUl inflame suspicions which have had much to do with producing our present evils ; will disturb those who are now calm and quiet j inflame those who are restless ; irritate numbers who would not be exasperated by any thing else ; and will, in all probability, produce no other real effect than these. Being, then, useless, unnecessary, and irritating, it is, in my opinion, unwise." The question, being taken by yeas and nays, resulted — yeas 33, nays 6 — as follows : — Ybab. — Messrs. Anthony, Bingham, Browning, Chandler, Clark, CoUamer, Cowan, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, Hale, Harlan, Harris, Howe, Johnson of Tennessee, King, Lane of Kansas, M'Dougall, Morrill, Nesmith, Pomeroy, Sherman, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilkmson, Wilmot, and Wilson, — 83. Nays, — Messrs. Breckinridge, Jolinson of Missouri, Kennedy, Pearce, Polk, aud PoweU, — 6. So the amendment was agreed to, the bill was re ported to the Senate as amended, the amendments were concurred in, and the bill passed the Senate. In tho House of Representatives, on the 2d of August, Mr. Bingham (Rep.) of Ohio, frbm tho Com mittee on the Judiciary, reported back, with an amend ment in the nature of a substitute, the Senate bill to confiscate property used for insurrectionary purposes. MADE FREE. 9 It provided that whenever hereafter, during the exist ence of the present insurrection against the Government ofthe United States, any person held to labor or service under the laws of any State shall be required or per mitted, by the person to whom such labor or service is due, or his legal agent, to take up arms against the United States, or to work or be employed in or about any fort, navy-yard, armory, dock-yard, ship, or in any military or naval service, against the Government of the United States, or as the servant of any person engaged in active hostilities against the United States, then the person to whom such labor is due shall forfeit all claim to such service or labor, any law of any State or of the United States to the contrary notwithstanding; and, in case of a claim for such labor, such facts shall be a fiill and sufficient answer. Mr. Bingham said, " The substitute is the instruction of a majority of the committee, from which I dissent." Mr. Sheffield (Dem.) of Rhode Island desired "to know to whom this right of property is to be forfeited." To this question Mr. Bingham replied, "The forfeiture is simply a forfeiture of all claim, under any State laws or imder any laws of the United States, of the person so offending, to any person hitherto held to service by him." Mr. Kellogg (Rep.) of Illinois proposed an amend ment to the original bill, — to strike out, in the fourth section, all after the sixth line, as follows : " And the person whose labor or service is thus claimed shall be thenceforth discharged therefrom, any law to the con trary notwithstanding ; " and insert, in lieu thereof, aa follows : "And such claim to service or labor shall be confiscated." 10 SLAVES USED FOR WAR-PURPOSES Mr. Bingham demanded the previous question on the substitute reported by the Judiciary Committee, and the substitute was rejected. Mr. Bingham then remarked, that "the Senate bill is a sweeping declaration, that whenever any person claim ing to be entitled to the service or labor of any other person, under the laws of any State, shall employ such person in aiding or promoting any insurrection, or in resisting the laws of the United States, or shall permit him to be so employed, he shall forfeit all right to such service or labor ; and the person whose labor or service is thus claimed shall be thenceforth discharged there from, any law to the contrary notwithstanding." Mr. Burnett (Dem.) of Kentucky understood that "the use of a slave, by authority of the owner, in any mode which will tend to aid or promote this insurrec tion, will entitle that slave to his freedom." — "Certainly it will," replied Mr. Bingham. " Or with his consent," inquired Mr. Burnett, " or the consent of his agent, in any mode whatever, then the negro is entitled to his freedom ?"—" Yes, sir," replied Mr. Bingham. "Then," exclaimed Mr. Burnett, " that amounts to a wholesale emancipation of the slaves in the seceding or rebellious States." — "No just court in America," replied Mr. Bingham, "will ever construe this fourth section, if it becomes a law, to the effect, that becauae it happens that citizens of the United States, residing in a seceding State, hold slaves, this law amounts to an emancipation of their slaves. By the express words of the bill, it is limited in its eflfect to those persons, who themselves, by their own direct acts, for the purpose of overturning the powers of the Government, employ, or consent that MADE FREE. 11 others shall employ, the services of their slaves to that end. I aver that a traitor should not only forfeit his slaves, but he should forfeit his life as well." — "It has been conceded," said Mr. Crittenden of Kentucky, " in all time, that the Congress of the United States hnd no power to legislate upon the subject of slavery within tho States. Absence of all power of legislation in time of peace must be the absence of the same power at all times. You have no power, by your Constitution, to touch slavery at all." Mr. M'Clernand (Dem.) of Illinois inquired "if it- would not be competent, according to the laws of war, for the Govemment to forfeit the ownership of a horse found in the use of the enemy in war, and if a law which would forfeit the ownership of a horse would not forfeit the title to a negro found engaged in military service." — "I am not inquiring," replied Mr. Crittenden, "nor am I prepared to make an argument, as to powers in a state of war, — as to national law, world-wide law. I am interposing a positive statute ; and I say, if there is no power to do this thing in time of peace, there is no such power at any time." 'Mr. Kellogg (Rep.) of Illinois suggested to Mr. Crittenden, "whether it is not competent to forfeit the claim that a man has to his slaves, for treason in the master, in the same way that he would forfeit his claim to his horse, and yet not at all conffict with or abrogate the law that authorizes the holding of slaves." — " If you have no power," replied Mr. Crittenden, " there the question ends. Well, have you a power to legislate conceming a slave in Kentucky, as to his rights present or future? Have you a right to impose any terais or 12 SLAVES USED FOR WAR-PURPOSES conditions on the master, in time of peace, on which the slave shall be entitled to his liberty ? " Mr. Kellogg, in answer, said, "My idea on that point is simply this : that the citizen of Kentucky, like the citizen of any State, by an infraction of law, — of the highest law of the country, — is liable to penalties and forfeitures. It operates on the person to forfeit his right by his own crime, and does not at all attack or invalidate the right to hold slaves or abolish slavery in Kentucky. Mr. Cox (Dem.) of Ohio moved that the bill be laid upon the table, and demanded the yeas and nays on his motion. The question was taken ; and it was decided in the negative, — yeas 57, nays 71. Mr. Pendleton (Dem.) of Ohio moved to recommit the bill to the Judiciary Committee. "I may be asked," said Mr. Diven (Rep.) of New York, "'What would you do with negroes taken in actual arms against the country? What would you do with negroes found employed in building ships-of-war, fighting battles against the country, rearing fortifications from which shots are to be fired on the soldiers of the Union?' Why, sir, I would treat them as men in arms against the country. I would treat them as prisoners of war. Then I admit that a question, entirely novel in the usages of war, at once occurs. You have then got a species of men as prisoners whom the usages of war, in no place that I have ever seen, treat as such. I proposed in committee, as a substitute for this bill, to relieve the Government and the war-power of the country from the attitude in which the seizure of these men thus employed against the Govemment would place them, by providing MADE FREE. 13 the simple penalty, that any man taken in arms against the Government is taken as a prisoner of war, whether he be black or white or tawny, or whatever may be his complexion. Afterwards, when you come to determine on an exchange of prisoners, you can determine on what terms they should be released. I would have a law by which our generals, when they come to settle on the release as to prisoners, shaU make the release of those black men thus employed dependent on the master's los ing all right to them. For such a law, and such a bill, I will go most cordially." Mr. Stevens (Rep.) of Pennsylvania said, "When a country is in open war with an enemy, every publicist agrees that you have ihe right to use every means which will weaken him. Vattel says, that in time of war, if it be a just war, and there be a people who have been oppressed by the enemy, and that enemy be con quered, the victorious party cannot return that oppressed people to the bondage from which they have rescued them. I wish gentlemen would read what Vattel says upon this subject. I wish the gentleman from New York, especially, would read the remark of Vattel, that one of the most glorious consequences of victory is giving free dom to those who are oppressed." — "I agree to it," replied Mr. Diven. "Then how is it," asked Mr. Stevens, "that if we are justified in taking property from the enemy in war, when you have rescued an oppressed people from the oppression of that enemy, by what principle of the law of nations, by what principle of philanthropy, can you return them to the bondage from which you have delivered them, and rivet again the chains you have once broken? It is a disgrace to 14 SLAVES USED FOR WAR-PURPOSES the party which advocates it. It is against the principle of the law of nations. It is against every principle of philanthropy. I, for one, shall never shrink from say ing, when these slaves are once conquered by us, ' Go, and be free.' God forbid that I should ever agree that they should be restored again to their masters I I warn Southern gentlemen, that, if this war is to con tinue, there will be a time when my firiend from New York (Mr. Diven) will see it declared by this free na tion, that every bondman in the South — belonging to a rebel, recollect ; I confine it to them — shall be called upon to aid us in war against their masters, and to restore this Union." On Mr. Pendleton's motion t^ recommit the bill to the Committee on the Judiciary, the House voted, — ayes 69, noes 48. Mr. Stevens moved to reconsider the vote by which the bill was recommitted. Mr. Kellogg moved that the motion be laid on the table. Mr. Bur nett demanded the yeas and nays ; and they were ordered, — yeas 71, nays 61. On the 3d of August, Mr. Bingham, from the Com mittee on the Judiciary, reported back the Senate bill to confiscate property used for insurrectionary purposes, with an amendment, and demanded the previous ques tion on the third reading of the bill. The amendment proposed to strike out all of section four of the Senate bill after the enacting clause, and insert, — " That whenever hereafter, during the insurrection against the Government of the United Statea, any person claimed to be held to labor or service under the laws of any State shall be required or permitted by the person to whom such labor 01 service is claimed to be due, or by the lawful agent of such MADE FREE. 15 person, to take up arms against the United States, or shall be required or permitted by the person to whom such service or labor is claimed to be due, or his lawful agent, to work or to be employed in or upon any fort, navy-yard, dock, armory, ship, or intrenchment, or in any military or naval service whatever, against the Government and lawful authority of the United States, then, and in every such case, the person to whom such service is claimed to be due shall forfeit his claim to such labor, any law of the State or of the United States to the contrary notwithstanding ; and, whenever thereafter the person claiming such labor or service shall seek to enforce his claim, it shall be a full and sufiBcient answer to such claim, that the person whose service or labor is claimed had been employed in hostile service against the Government of the United States, contrary to the provisions of this act." Mr. Vallandigham (Dem.) of Ohio called for tellers on ordering the previous question : they were ordered, the House divided, and the tellers reported, — ayes 53, nays 42. Mr. Holman (Dem.) of Indiana moved to lay the bill on the table. Mr. Sheffield of Rhode Is land demanded the yeas and nays. Mr. M'Pherson (Rep.) of Pennsylvania asked Mr. Holman to withdraw the motion to lay on the table, to enable him to move to postpone the bill until December next. The question was taken on Mr. Holman's motion, and lost, — yeas 47, nays 66. The question recurring on the amend ment of the Committee on the Judiciary, Mr. Mal lory (Dem.) of Kentucky moved the House do now adjourn, and demanded the yeas and nays ; and they were ordered, — yeas 30, nays 75. Mr. Bingham de manded the previous question on the passage of the bill ; and it was ordered. Mr. Burnett demanded the yeas and nays on the passage of the bill ; and they were 16 SLAVES MADE FREE. ordered. The question was taken, and it was decided in the affirmative, — yeas 60, nays 48, — as follows : — Yeas. — Messrs. Aldrich, AUey, Arnold, Ashley, Babbitt, Baxter, Beaman, Bingham, Francis P, Blair, Saiuuol S. Blair, Blake, Bulllu- ton, Cliamberlain, Clark, Colfax, Frederick A. Conkling, Covode, DueU, Edwards, EUot, Fenton, Fessenden, Franchot, Frank, Granger, Gurley, Hanchett, Harrison, Hutchins, JuUan, Kelley, Francis W. KeUogg, WiUiam Kellogg, Lansing, Loomis, Lovejoy, M'Kean, Mitch ell, Justin S. Morrill, OUn, Potter, Alexander H. Rice, Edward H. BolUns, Sedgwick, Sheffield, SheUabarger, Sherman, Sloan, Spauld ing, Stevens, Benjamin F, Thomas, Train, Van Horn, Verree, Wal lace, Charies W. Walton, E. P. Walton, Wheeler, Albert S. White, and Windom, — 60, Nays, — Messrs. AUen, Ancona, Joseph Baily, George H, Browne, Burnett, Calvert, Cox, Cravens, Crisfield, Crittenden, Diven, Dunlap, Dunn, Englisii, Fouke, Grider, Haight, Hale, Harding, Holman, Hor ton, Jackson, Johnson, Law, May, M'Clernand, M'Pherson, MaUory, Menzies, Morris, Noble, Norton, OdeU, Pendleton, Porter, Reid, Rob inson, Jamos S. RoUins, Shell, Smith, John B, Steele, Strutton, Fran cis Thomas, VaUandigham, Voorhees, Wadsworth, Webster, aud Wickliffe, — 48. So the Senate bill to confiscate the property used for insurrectionary purposes, with the provision moved by Mr. Trumbull, making free the slaves used by the rebel forces, amended by the amendment reported by Mr, Bingham from the Judiciary Committee, was passed. It received the approval of the President on the 6th of August, and became, in the words of Mr. Breckin ridge, the firat " of a series of acts loosing all bonds." 17 CHAPTER n. FUGITIVE SLAVES NOT TO BE RETURNED BY PERSONS IN THE ARMY. SURRENDER OF SLAVES COMING WITHIN THE LINES OF THE UNION AR MIES, MR. LOVEJOY'S EESOLUTION. NOTICE OF A BILL BY MR. ¦JVILSON. — MR, lovejoy's BILL. — MR. SUMNER'S RESOLUTION MR. COWAN'S SPEECH, — RESOLUTION OP MR, WILSON OF IOWA, — BILL OF MR. WILSON OF MASSACHUSETTS. MR. WILSON'S BILL CONSIDERED. MB. SAULSBURY'S MOTION TO POSTPONE INDEFINITELY ME. COL- LAMER'S AMENDMENT, — MR. POWELL'S SPEECH. — MR. COLLAMER'S w SPEECH, — MR, WILSON'S SPEECH. — MR. PEARCE'S SPEECH. — MR. BLAIR'S BILL TO MAKE AN ADDITIONAL ARTICLE OF WAR. — MR, BINGHAM'S SPEECH, — MR, VALLANDIGHAM'S MOTION TO LAY THE BILL ON THE TABLE. — PASSAGE OP THE HOUSE BILL, — REPORTED BY MR, WILSON IN THE SENATE. — MR. DAVIS'S AMENDMENT, — MR. saulsbury's AMF.NDMENT, — MR. M'DOUGALL'S SPEECH, — MR, HOW ARD'S SPEECH. — PASSAGE OF TIIE BILL, — MR. WILSON'S RESOLUTION CONCERNING THE SURRENDER OF FUGITIVES, — MR. GRIMES'S AMEND MENT, — MB, GRIMES'S SPEECH, — MR. SUMNER'S SPEECH, — MR, SAULS BURY'S SPEECH. IN the outset of the Rebellion, slaves inspired by the hope of freedom came within the lines of the Union armies. Their masters often sought for them within the encampments, where they had hoped fbr protection and freedom, and demanded their surrender as escaped bondmen. While many officers refused to surrender these persons claimed as slaves, or to permit slave mas ters to seek for them within their Camps, other officers readily permitted them or their agents, weaponed for violence, to search their camps, seize, bind, and bear away their trembling, despairing victims. In many 2* 18 FUGITIVE SLAVES NOT TO BE RETURNED instances, slaves, who had brought to the officers of the Union armies intelligence of great value, were given up on the demand of rebel clairaants. These slaves surren dered by officers of the army were often most mercilessly punished by their enraged masters, whose arms were doubtless nerved by the malignity of their hearts toward the country and its defenders. This revolting practice )f arresting and surrendering fugitives coming within the lines of the armies demoralized the soldiers, and outraged the moral sense of the nation. In the House of Representatives, on the 9th of July, 1861, Mr. Lovejoy (Rep.) of Illinois introduced the following resolution, and demanded the previous question upon its passage : " That, in the judgment of this House, it is no part of the duty of the soldiers of the United States to capture and return fugitive slaves." Mr. Mallory (Dem.) of Kentucky moved to lay it upon the table, — yeas 66, nays 81. The question recurring on agreeing to the resolution, Mr. Logan (Dem.) of Illinois demanded the yeas and nays, and they were ordered, — yeas 93, nays 55. In the Senate, on the 4th of December, 1861, Mr. Wilson (Rep.) of Massachusetts gave notice of his intention to introduce a bill to punish officers and pri vates of the army for arresting, detaining, or delivering persons claimed as fugitive slaves. Mr. Lovejoy (Rep.) of Illinois, on the 4th of December, introduced a bill making it a penal offence for any officer or private of the army or navy to capture or return, or aid in the capture or return of, fugitive slaves. It was read twice, and its consideration postponed to the 10th of Decem ber. BY PERSONS IN THB ARMT. , 19 In the Senate, on the 17th of December, Mr. Sumner (Rep.) of Massachusetts introduced, and asked for its immediate consideration, a resolution, — " That the Committee on Military Affairs and the MUitia be di rected to consider the expediency of providing, by addi tional legislation, that our national armies shall not be employed in the surrender of fugitive slaves." Mr. M'Dougall (Dem.) of California objecting, the reso lution went over under the rule ; but it came up for consideration the next day, and Mr. Sumner stated that he had received communications in regard to the out rages perpetrated in the armies. He said, "With these communications which I have received, some of an official character and others of a private character, I have felt that I sliould not do rny duty if I did not call the attention of the Senate to this outrage. It must be arrested. I am glad to know that my friend and colleague, the chairman of the Committee on Military AflFairs, promises us at once a bill to meet this grievance. It ought to be introduced promptly, and to be passed at once. Our troops ought to be saved from this shame." Mr. Cowan (Rep.) of Pennsylvania appre hended that " there need be no possible difficulty what ever upon this question in any of its aspects." He thought " we had nothing in the world to do with all these questions. We send a general," he said, " to suppress this insurrection. What is his duty? If he meets a negro upon his errand, and that negro is an enemy, he treats him as an enemy ; if the negro is a friend, he treats him as a friend, and uses him as such. Nothing, to my mind, can be simpler. How is he to determine the title to that negrd? Suppose, Mr. Presi- 20 FUGITIVE SLAVES NOT TO BE RETURNED dent, you were to go into his camp, and say, ' Sir, here is my negro : I want him.' The obvious answer of the general is, ' My dear sir, that may be all true ; I have no desire to raise any issues of fact with you : it may be that this .is your negro ; but I cannot determine that question ; I cannot try the title to him ; I am not a court; I am not a jury,' — a great many of them, in deed, are not even lawyers. How are they to deter mine whether this negro is a slave or not ? They cannot determine it ; they have no right to determine it. If the master, being a loyal man, in that camp insists, and says, ' This is my negro ; ' I do not know what other men might do, but, if I were the general, I would say to him, "If this is your negro, your "boy," as you call him, — this man 'that you are educating to civili zation and Christianity, — if he will go with you, if he is wilHng to submit to your guardianship in this behalf, take him, in God's name, and be away with him.' Suppose the claimant says, ' He will not go, and I want to force him : ' what then? I woidd say to him, 'No, you cannot do that; because that presumes that I decide the very question which I am incompetent to decide. I cannot allow you to use force here, because I am the constable of the nation, and I am the reposi tary of its force in this behalf, and you cannot use it,' " The resolution was agreed to. Mr, Wilson (Rep.) of Iowa, on the 23d of Decem ber, offered the following resolution, and demanded the previous question upon it : " That the Committee on Military Affairs be requested to report a bill to tMs House for the enactment of an additional article of war, whereby all officers in the military service of the United BT PERSONS m THE ARMT, 21 States shall be prohibited from using any portion of the forces under their respective commands for the purpose of retuming fugitives from service or labor, and provide for the punishment of such officers as may violate said article by dismissal from the service." Pending the question, the House, on the motion of Mr. Cox (Dera.) of Ohio, adjourned, — yeas 58, nays 53. Mr. Wilson (Rep.) of Massachusetts, on the 23d of December, introduced a bill in relation to the arrest of persons claimed to be held to service or labor by the officers of the military and naval service of the United States ; which was read twice, and referred to the Com mittee on Military Affairs. It declared that officers in the military service of the United States have, without the authority of law, and against the plainest dictates of justice and humanity, caused persons clairaed as fugitives from service or labor to be seized, held, and delivered up ; and that such conduct has brought dis credit upon our arms, and reproach upon our Govem ment; and it therefore proceeded to enact, that any officer in the military or naval service of the United States, who shall cause any person, claimed to be held to service or labor by reason of African descent, to be seized, held, detained, or delivered up to or for any person claiming such service or labor, shall be deemed guilty of a misdemeanor, and shall be dishonorably discharged, and for ever ineligible to any appointment in the military or naval service of the United States. On the 6th of January, 1862, Mr. Wilson reported back his bill from the Committee on Military Affairs, with an amendment. On the 7th of January, Mr. Wilson called it up ; and the Senate, as in Committee 22 FCGITI-VE SLAVES NOT TO BE RETURNED of the Whole, proceeded to its consideration. The Committee on Military Affairs reported an amendment to strike out all of the original bill, and insert as a substitute, " That it shall be unlawful for any officer in the military or naval service of the United States to cause any person claimed to be held to service or labor by reason of African decent to be seized, held, de tained, or delivered up to or for any person claiming such service or labor ; and any officer so offending shall be discharged from service, and be for ever ineligible to any appointment in the military or naval service of the United States." Mr. Saulsbury (Dem.) of Delaware moved its indefinite postponement, — yeas 13, nays 23. On motion of Mr. Carlile (Dem.) of Virginia, it was temporarily laid on the table. The Senate, on the 16th of January, on motion of Mr. Wilson, took from the table and resumed the consideration of the bill to punish persons in the mili tary and naval service for arresting and delivering ftigitive slaves. The pending question being on the amendment reported from the Committee on Military Affairs to strike out the original bill, and insert the amendment as a substitute, Mr. Collamer (Rep.) of Vermont said, " Without criticising at all t^e form of expression of the proposed amendment, I offer a substi tute for it, which I send to the Chair, — ' No officer of the army or navy of the United States, or of the volunteers or militia in the service of the United States, shall assume or exercise any military command or au thority to arrest, detain, hold, or control any person, on account of such person being holden to service as of African descent ; and any such officer so offending shall BY PERSONS IN THE ARMT. 23 be dismissed from service.' " Mr. Wilson accepted the amendment proposed by the senator from Vermont. Mr. Powell said, " This is a very important measure ; and, as the amendment of the senator from Vermont has only been this moment presented, I ask that the bill be postponed, and the araendment be printed, in order that we raay have some time to look into it." — " The amendment," replied Mr. Wilson, " is very plain and simple : a child can comprehend its import. I hope that this iraportant bill, which ought to have been passed on the second day of this session, for the honor ofthe country, will not be postponed any longer." — "I have drawn up," said Mr. Saulsbury, "very hurriedly, an amendment, which I propose to insert as an addi tional section, — 'Nor shall any soldier or officer, under Hke penalty, entice away or detain any person held to service or labor in the United States from his or her master or owner.'" Mr. Collamer thought t"ho amend ment hardly german to the subject. "I believe," he said, " we are generally agreed that there is great im propriety in military men exercising militarv authority within the States, in relation to their internal and mu nicipal affiiirs : it is very likely to produce collisions, that ought td be avoided. . . . The amendment reported by the committee made it unlawful for an officer to do any thing in regard to the seizure or delivery of a person held to service by reason of African descent : it seemed to direct the individual action of the man as a raan ; which is, I think, hardly legitimate and proper on this occasion. I do not know but that we have officers in our army who are themselves the owners of slaves. According to the provision reported by the coramittee. 24 FUGITIVE SLAVES NOT TO BE RETURNED such an officer could npt even arrest his o'svn slave under the laws of the State in which he -was holden. It seems to mc, that, in dealing with officers of the army, our business is to deal with them in their official capacity. Therefore, to strip the subject of all sort of question about that, I have drawn and presented the amendment which the Senate have adopted, and which, I think, should pass into a law, — that no officer shall use any military power over this subject. As to his OAvn individual action, that is a matter which must be left to him." — "If you adopt," said Mr. Saulsbury, "the amendment of the senator from Vermont, you make it penal for a soldier or officer to return, even to a loyal master or owner, his slave ; but you pro'vide no penalty against any soldier or any officer for depriving even a loyal master of the services of his slave. My amend ment proposes to prohibit, under the same penalty, an officer or *a soldier of the army from decoying or en ticing away from the service of his master a slave, or from harboring a slave." Mr. Rice (Dem.) of Minnesota proposed to amend Mr. Saulsbury's amendment by adding, "who may be a loyal citizen of the United States ; " and the amend ment to the amendment was agreed to. Mr. Collamer thought, that, under Mr. Saulsbury's amendment, "if any soldier wanted to get dismissed from the service, he would have nothing to do but to entice a slave, and he^ would get himself and the slave both dismissed." — " I am opposed," said Mr. Wilson, " to this amendment in every shape and form, and to any legislation protect ing, covering, or justifying slavery for loyal or disloyal masters. The laws on that subject are all that ought BT PERSONS IN THB ARMT. 25 to be given at this timo. What I want to do is to put upon the statute-book of this country a prohibition to the officers of the array of the United States from arresting, detaining, and delivering up persons claimed as fugitives by the use of military power. There is no law for it. They have acted in violation of law. Some of these officers have dishonored, the profession, and disgraced the country : and I mean, if God is will ing and I have the power, to reject their confirmation here for that reason ; and I give them the notice now." Mr. Pearce (Dem.) of Maryland said, "The senator from Massachusetts objects to a proposition which for bids officers and soldiers of the army from enticing, harboring, or preventing the recovery — ^ that is the amount of it — of a fugitive slave, known to be sueh, upon the application of his master, known to be his lawful owner, according to the laws of the State in which he lives. What iS the effect of that? It is an invitation to all the slaves of the State of Maryland, who can do so, to resort to the camp, sure of protection there, first, because no officer pf the army can order their delivery up to their raaster, however loyal or however indisputable his title may be to that slave. It is an invitation, therefore, to all such people to resort to the lines of the army as a harbor of refuge, a place of asylum, a spot where they can be safe from the operation of the undoubted legal rights of the owner. That is the effect of it ; and that is an invitation to the whole body of such people, within the loyal State* of Maryland, to accomplish their freedom by indirection. It is not an act of eraancipation in its terras ; but so far as it can operate, and does operate, it leads directly 26 FUGITIVE SLAVES NOT TO BE RETURNED to that result." The bill was then reported to the Senate ; and, pending the question of concurring in Mr. CoUamer's amendment, the Chair announced the special order of the day. In the House, Mr. Blair (Rep.) of Missouri, on the 25th of February, reported from the Committee on Military Affairs a bill to make an additional article of war. The bill provided, that hereafter the following shall be promulgated as an additional article of war for the government of the army of the United States, and shall be obeyed and observed as such : " AU officers are prohibited from employing any of the forces under their respective commands for the purpose of returning fugitives from service or labor who may have escaped from any persons to whom such service or labor is claimed to be due. Any officer who shall be found guilty by court-martial of violating this article shall be disraissed fi'om the service." Mr. Bingham (Rep.) of Ohib moved to add, after the word " officers," the words " or persons in the miHtary and naval service of the United States ; " and the amendment was agreed to. "You," said Mr. Mallory (Dem.) of Kentucky, "are deciding, by this article of war, that the President of the United States shaU not be permitted to send a mUi tary force into a State to aid the authorities of that State in enforcing a national law which stands on your statute-book. I ask the gentleman from Missouri whether it is the fixed determination to repeal the Fugi tive-slave Law." — '"I do not propose," replied Mr. Blair, " to decide the question the gentleman has raised, as to whether this bill, if it becomes a law, wUl repeal the Fugitive-slave Law or not. I believe, in common with a BT PERSONS IN THB ARMT. 27 great many others, that the army of the United States has a great deal better business than returning fugitive slaves." Mr. Mallory wished to postpone the bUl to the third Wednesday in March. Mr. Lovejoy objected to Mr. Blair yielding the floor. Mr. Blair would yield the floor to Mr. Mallory for the purpose indicated. Mr. Bingham hoped Mr. Blair would not yield the floor to allow this biU to be postponed to the end of March. He denounced the practice of arresting and retuming fugitive slaves by officers of the army, as " a miUtary despotism that the American people should not tolerate for a moment, nor lose a moment in ending it by the enactment of this biU into a law. I say, that a military officer who assumes, wrongfully assumes, to exercise the functions of civil magistracy, and under takes to sit upon the right of any human being, born within the limits of this Republic, to the possession of his own person and his own soul, and against whom no oflcnce is charged, is worse than a kidnap per. He has no right to do it; and, by so doing, commits a crime, a great crime. Some of your mili tary officers of high and low degree have been detailing their men for the purpose of seizing, and have seized, persons not accused of crime, but suspected bf the vir tue of preferring Hberty to bondage. Are we to revive here, in this land, the hated rule of the Athenian ostra cism, by which men were condemned, not because they were charged with crime or proved guUty of crirae, but because they were suspected to possess and practise the virtues of justice artd patriotism in such degree as rendered their presence in the State dangerous to re- pubHcan equality? Aristides was condemned because 28 FUGITIVE SLAVES NOT TO BE RETURNED he was just ; and Themistocles, because he was the savior of the city. I have read in the papers, and I believe it is true, that one of these persons suspected of escaping from bondage to Hberty swam across the Ohio River, making for an encampment upon the Indiana shore, where he saw the banner of Liberty flying, which he fondly looked upon as consecrating that place, at least, as sacred to the rights of person, and where even the rights of a hunted bondman would be respected. After ha-vdng been beaten about, bruised and mangled against the rocks in the channel of the river, to whose rushing waters he committed his life that he might re gain his liberty, he reached the opposite shore. Some body went into the camp, and reported that tliis man was suspected of the crime of having run away from chains and slavery. A company of soldiers, it is said, were detailed to seize him, and did seize and return him as a slave to the man who claimed him. If that practice is to be pursued by the army and navy under the American flag, it ought to cover with midnight blackness every star that burns upon its field of azure, and with everlasting infamy the men who dare to dese crate it to such base uses." j Mr. Wickliffe (Dem.) of Kentucky saiM "I see, by the evidence which has been furnished, th^ Gen. Grant captured — at Fort Donelson I think it was — twelye negro slaves among the prisoners there taken. They were returned by him to their loyal owners in Ken tucky, from whom they had been forced by the rebel power. Would this bill prevent a military comraander from the exercise of such a power?" — "I am informed by a letter fi:om my neighborhood," said Mr. Grider BT PERSONS IN THB ARMT. 29 (Dem.) of Kentucky, " .that, within three counties in my district, the rebel army have irapressed and run off slaves to the value of about three hundred thousand dollars. Now, sir, does this article of war propose that these servants shaU not be returned, and shall not be intercepted?" Mr. VaUandigham (Dera.) of Ohio moved to lay the bill on the table ; upon which Mr. Bingham demanded the yeas and nays, — yeas 44, nays 87. Mr. Blair demanded the previous question upon the bill and amendraent ; and it was ordered. He did not wish to press the bUl to a vote to-night, and moved an adjournraent ; but the motion was lost, — ayes 59, nays 61. The question was taken on the passage of the bUl, — yeas 83, nays 42. So the biU passed the House. In the Senate, on the 4th of March, Mr. Wilson reported back from the Military Committee, without amendraent, the House bill providing for the proraul- gation of an additional article of war, forbidding officers or persons in the military and naval service, on pain of dismissal from the service, to arrest or return fugitive slaves. Mr. Davis (Opp.) of Kentucky would like to offer an araendment, and desired that the bill should go over until to-morrow. Mr. WUson would, with the understanding that we take up the bill and act on it to-morrow, withdraw his motion to proceed to its con sideration ; and the proposition was assented to. On the 10th of March, Mr. Wilson moved to take up the bill from the Iiouse of Representatives to mako an additional article of war. The motion was agreed to, and the consideration of the bill was resuraed as in Committee of the Whole. " I raove to amend the bill," 3* 30 FUGITIVE SLAVES NOT TO BE RETURNED said Mr. Davis, " by inserting, after the word * due,' in the eleventh line of the first section, the words, * and also from detaining, harboring, or concealing any such fugi tives ; ' so that the proposed article will read : ' AU officers or persons in the military or naval service of the United States are prohibited from employing any of the forces under their respective commands for the lurpose of returning fugitives from service or labor who may have escaped from any persons to whom such service or labor is claimed to be due, and also from detaining, harboring, or concealing any such fugitive.' " The yeas and nays were ordered; and, being taken, resulted — yeas 10, nays 29 — as follows : — Yeas. — Messrs. Bayard, CarUle, Davis, Henderson, Latliam, M'Dou- gaU, PoweU, Bice, Saulsbury, and Wilson of Missouri, — 10. Nays. — Messrs, Anthony, Browning, Chandler, Clark, CoUamer, Cowan, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, Hale, Har lan, Harris, Howard, Howe, King, Lane of Indiana, Lane of Kansas, MorrUl, Pomeroy, Sherman, Sumner, Ten Eyck, TrumbuU, Wade, WUson of Massachusetts, and Wright, — 29. Mr. Saulsbury moved to amend by adding at the end of the first section, "That this article shall not apply in the States of Delaware, Maryland, Missouri, and Kentucky, nor elsewhere where the Federal authority is j-ecognized or can be enforced." Yeas 7, nays 30, " I wish," remarked Mr. CarlUe, " to make an inquiry of the patron of this bill. The President, under his proclamation in April, among other things, called for the services of the mUitia to aid him in the execution of the laws. One of the laws upon our statute-book is for the retum of fugitive slaves. If the President shaU find it necessary to call upon the mUitary power of the BT PERSONS IN THE ARMT. 3] country to enable hira to discharge his sworn duty in this respect, — for he swears, as I understand, when he enters upon the duties of his office, to see that the laws are faithfully executed, — I desire to know if this biU wiU not interfere with that in this particular, and what effect this bUl would have upon any military authorities of the country who should obey the caU." — " I suppose," said Mr. Wilson in reply, " the senator firom Virginia clearly understands this matter. The case he supposes, if I understand it, would be a case where the authorities would call out the mUitary for the purpose of enforcing ¦ the decision of the judicial tribunals, — a mere civil pro cess. The return of fugitive slaves is a civU question, a judicial one, not a mUitary one." — " Then," said Mr. CarHle, " I am to understand that this wiU not interfere -with that? " Mr. M'DougaU said, " It is, I understand, a mere measure to prevent the interference of the army in these matters. As such, I am prepared to vote for it ; but, in voting for it, I wish to say here, that I under stand it to be simply a provision to prevent the interfer ence of army officers in this matter ; not impairing the obligation on the part of an army officer, as weU as a private citizen, to surrender a fugitive from service or labor, under the Constitution and laws of the United States." The amendment was then rejected. Mr. Saulsbury said, " I move to amend the bill by in serting after the word ' due,' in the eleventh line of the first section, the words, 'or for the purpose of enticing or decoying such persons, held to service or labor, from the service of their loyal masters.' I ask for the yeas and nays on the amendment." Mr. An thony inquired "if officers of the army, and aU other 32 FUGITIVE SLAVES NOT TO BE RETURNED persons, are not already prohibited from enticing or decoying slaves." Mr. Howard replied, " They are, by heavy penalties." Mr. Saulsbury remarked, "If you say you intend to keep your army aloof from this question, but do not intend that they shall return fugi tive slaves, then all I ask of you is, that, when they corae into a loyal community, it shall not be lawful for them, nor for any person acting under Federal author ity, to entice or decoy my slave or the slave of my constituents away." — "If he did, I suppose," replied Mr. Howard, " he would simply make himself liable to the severe and almost inhuman penalties of the fugitive- slave law of 1850." Mr. Sherman observed, that "the laws of the State would operate also." Mr. Howard said he " would be subject also to the penalty prescribed by the law of the State where he is. I understand this bUl as simply proliibiting military men from disgracing the uniform they wear, by engaging in the business of slave-catching, and delivering slaves to their owners, — a disreputable business, in which no gentleman. North or South, miHtary or civil, I undertake to say, will willingly engage." — "In voting," said Mr. Anthony, " against this amendment, which I shall do, I certainly do not wish it to be understood that I would vote to give any officer the right to entice a slave from a loyal master ; but I understand that the law already prohibits it : it is already an offence, and we are only re-enacting another law." Mr. M'Dougall could see no mischief in the amendment of the senator from Delaware. The question, being taken by yeas and nays, resulted — yeas 10, nays 29. The biU was then passed, — yeas 29, nays 9, — as follows: — BT PERSONS IN THE ARMT. 33 Yeas. — Messrs, Anthony, Browning, Chandler, Clark, CoUamer, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, Hale, Harlan, Har ris, Howard, Howe, King, Lane of Indiana, Lane of Kansas, M'DougaU, Morrill, Pomeroy, Sherman, Sumner, Ton Eyck, TrumbuU, Wade, Wilson of Massachusetts, and Wright, — 29, Nays. — Messrs. Bayard, Carlile, Davis, Henderson, Latham, Pow eU, Rice, Saulsbury, aud Wilson of Missouri, — 9. So the bill passed, and was approved by the President on the 13th of March, 1862. The 14th of AprU, on motion of Mr. WUson of Massa chusetts, the Senate proceeded to consider the following resolution, submitted by him on the 3d of AprU : "He- solved, That the Coraraittee on MUitary Affairs and the MUitia be directed to consider and report whether any fur ther legislation Is necessary to prevent persons eraployed in the mUitary service of the United States from aiding in the return or control over persons claimed as fugitive slaves, and to punish them therefor." — " I propose," said Mr. Grimes (Rep.) of Iowa, "to amend tho resolution by adding to it, ' and to report what re-organization of the army, in its personnel or otherwise, may be necessary to promote the publio welfare, and bring the RebeUion to a speedy and triuraphant end.'" — "One would think," said Mr. Griraes, " that all men would agree in pronouncing that a cruel and despotic order which repeals the divine precept, ' Inasrauch as ye did ,t not to one of the least of these, ye did it not to rae,' and arbitrarUy forbids the soldier to bestow a crust of bread or a cup of water upon a wretched, faraishing fugi- 'ive escaping from our own as well as from his enemy. fet, Mr. President, I grieve to say that there are those, high in rank in the service of the United States, who have sought to break down the spirit of manhood, which 34 FUGITIVE SLAVES NOT TO BE RETURNED is the crowning glory of true soldiers, by requiring them to do acts, outside of their profession, which they abhor, and to smother all impulses to those deeds of charity which they have been taught to believe are the charac teristics of Christian gentlemen. ... It was known to the country, at an early day after the commencement of the war, that some military commanders were abusing the great power intrusted to them, and were employing the army to assist in the capture and rendition of fugi tive slaves, not in aid of any judicial process, but in obedience to their own unbridled wUl. The effect of this assumption of unauthorized power was to incite the soldiery to disobedience, and to arouse the people to the necessity of proper legislative restraints. It was in compliance with the popular sentiment on this subject that Congress enacted the additional article of war, which was approved on the 13th of March last. . . . In the month of February last, an officer of the third regiment of Iowa infimtry, stationed at a small town in Missouri, succeeded in capturing several rebel bridge- burners, and some recruiting officers belonging to Price's array. The information that led to their capture was fumished by two or three remarkably shrewd and intel ligent slaves, claimed by a Heutenant -colonel in the rebel army. Shortly afterwards, the master despatched an agent, with instructions to seize the slaves, and con vey thera within the rebel lines : whereupon the Iowa officer himself seized them, and reported tho circum stances to headquarters. The slaves soon understanding the full import of Gen. Halleck's celebrated order No, '3, two of them attempted an escape. This was regarded as an unpardonable sin. The Iowa officer BT PERSONS IN THE ARMT. 35 was immediately placed under arrest, and a detachment of the Missouri State mUitia — men in the pay of this Government and under the coraraand of Gen. Hal leck — were sent in pursuit of the fugitives. The hunt waa successful. The slaves were caught, and returned to their traitor master, but not untU one of them had been shot by order of the soldier in comraand of the pursuing party. . . . How long, think you, wiU this method of dealing with the rebels be endured by the freemen of this country? Are our brothers and sons to be confined within the waUs of the tobacco-warehouses and jails of Richmond and Charleston, obliged to per form the most menial offices, subsisted upon the most stinted diet, their lives endangered if they attempt to obtain a breath of fresh air or a beam of God's sunlight at a window, while the rebels captured by those very men are permitted to go at large upon parole, to be pampered with luxuries, to bo attended by slaves, and the slaves guarded from escape by our own soldiers ? " On the 1st of May, the Senate, on motion of Mr. WU son, resumed the consideration of the resolution; the pending question being the amendraent moved by Mr. Grimes. Mr. Sumner was " grateful to the senator from Iowa for the frankness with which he exposed and condemned the recent orders of our generals." Mr. Sumner then examined and condemned the orders of Generals Hooker, M'Cool^, Buel, Halleck, and the Provost Marshal of Louisville. He contrasted and commended the action of Gen. Doubleday and Gen. M'Dowell. He closed his speech by saying, " Sir, we are making history now. Every victory adds something to that history ; but such an order is worse for us than 36 FUGITI-VTE SLA-VES NOT TO BE RETURNED a defeat. More than any defeat, it wUl discredit u^ with posterity, and with the friends of liberal institutions in foreign nations. I have said that Gen. Halleck is reputed to be an able officer ; but most perversely he undoes with one hand what he does with the other. He undoes by his orders the good he does as a general. While professing to make war upon the Rebellion, he sustains its chief and most active power, and degrades his gallant army to be the constables of slavery. Slavery is the constant rebel and universal enemy. It is traitor and belligerent together, and is always to be treated accordingly. Tenderness to slavery now is practical disloyalty, and practical alHance with the ene my. Against these officers to whom I have referred to-day I have no personal unkindness. I should much prefer to speak in their praise ; but, sir, I am in eamest. While I have the honor of a seat in the Senate, no suc cess, no victory, shall be any apology or any shield to a general who undertakes to insult human nature. From the midst of his triumphs, I will drag him forward to receive the condemnation which such conduct deserves." Mr. Saulsbury moved to amend the resolution by adding to it,"" and what further legislation is necessary to pre vent the illegal capture and imprisonment of the free white citizens of the United States." In support of the amendment, he said, "But, whUe we are entertained every morning with a narrative of the grievances of the black men of this country, the free negroes and the slaves of this country, thinking equally as much, and — although it may be an infirmity and a weakness at the present time to say it — thinking a little more, of the fi'ee white citizens of my country, I wUl, in my BT PERSONS IN THB ARMT. 37 place, demand that justice shall be done tbem, and that free white men, who have done nought to injure their country, to destroy its institutions or its Union, shall be protected, and that inquiry shall be made to see if further legislation is necessary to secure them in their rights." Pending the question, the President called up the Confiscation Bill, which was the order of the day : the bUl went over, and was not again taken up. 38 CHAPTER HI. THE ABOLITION OF SLAVERY IN THE DISTRICT OF COLUMiBIA. THE NATIONAL CAPITAL. — SLAVERY. — MR, -WILSON'S RESOLUTION. — THE DISTRICT COMMITTEE. MR. WILSON'S BILL. — MR. MORRILL'S EEPORT, WITH AMENDMENTS. MR, WILSON'S BILL TO REPEAL THK SLAVE CODE. — COMMITTEE'S AMENDMENTS ADOPTED. MR, MORRILL'S AMENDMENTS, — ME, DAVIS'S AMENDMENTS, — MR, DOOLITTLE'S AMEND MENT, — REMARKS BY MR. DAVIS. — MR, HALE, — MR. DOOLITTLE, — MK, POMEROY. — MR, WILLEY, — MK, SAULSBURY. — MR. KING. — MR. DAVIS. — MR. WILSON. — MR. KENNEDY. — MR. SAULSBURY. — MR. HAR LAN. — MR, WILKINSON, — MR, SAULSBURY'S AMENDMENT. — MR. SUM NER, — MR. WRIGHT, — MK. FESSENDEN, — ME. DAVIS'S AMENDMENT. — MR. CLARK'S AMENDMENT. — ME, WILLEY'S AMENDMENT. — MK. CLARK'S AMENDMENT. — MR. DAVIS, — MR, MORRILL. — MK. m'6oU- OALU — MR, BUMNEU'S AMENDMENT. — MR, WRIGHT'S AMENDMENT, — MR, browning's AMENDMENT. — ME. WILMOT. — MK. COLLAMER'S AMENDMENT. — MK. DOOLITTLE'S AMENDJIENT, — MR, POWELL. — MR. BAYARD, — PASSAGE OF THE BILL. — HOUSE. — MR, STEVENS'S MOTION. — MR. THOMAS, — MR. NOXON. — MR, BLAIR. — MK. CRITTENDEN. — MR. BIDDLE, — MR. FESSENDEN. — MR. ROLLINS, — MR. BLAKE. — MB. VAN HORNE, — MR, ASHLEY. — MR. HUTCHINS. — MR. WRIGHT'S AMENDMENT. MR, HICKMAN, MR, WADSWORTH, — MR, HARDING'S AMENDMENT, — MR. train's AMENDMENT. — MR, LOVEJOY. — MR. WICKLIFFE'S AMEND MENT. MR, holman's AMENDMENT. MB. COX. MK, MENZIKS'. AMENDMENT. — PASSAGE OF THE BILL. THE first Congress under the Constitution was deeply absorbed by the question of the permanent location of the scat of the Federal Government. The Eastern States would have been content to let it remain in New York. Pennsylvania sought to win it back to Philadelphia. Maryland, Virginia, the Carolinas, and Georgia would fix It on the Potomac. The conflicting TIIE ABOLITION OF SLAVERY, ETC. 39 claims of sections defeated. In 1789, aU propositions for the permanent location of the seat of Government ; but it was determined at the next session, by three ma jority in the House of Representatives, to locate it on the banks of the Potomac. Clothed by the Constitu tion with the " power to exercise exclusive legislation in all cases whatsoever " over the District, Congress, in stead of providing a code of humane and equal laws for the government of the national capital, enacted, in 1801, that the laws of Maryland and Virginia should continue in force. By this act, the colonial slave- codes of Maryland and Virginia were accepted, re affirmed, and re-enacted. Washington and Georgetown adopted oppressive and inhuman ordinances for the government of slaves and free persons of color. For half a century the slave-trade was carried on, to the lasting dishonor of the nation ; and for two generations the public men of the country were surrounded by an atmosphere tainted by tho breath of the slave, and by the bHnding and perverting influences of the social life of slaveholding society. On the 4th of December, 1861, after the annoimce- ment of the Standing Coramittees of the Senate, Mr. WUson (Rep.) of Massachusetts introduced a resolu tion, that aU laws in force relating to the arrest of fugitives from service, and all laws concerning persons of color, vrithin the District, be referred to the Commit tee on the District of Columbia ; and that the committee be instructed to consider the expediency of abolishing slavery in the District, with compensation to loyal holders of slaves. The comraittee to whora the reso lution was referred consisted of Mr. Grimes (Rep.) of 40 THE ABOLITION OF SLA VERT Iowa, Mr. Dixon (Rep.) of Connecticut, Mr. MorriU (Rep.) of Maine, Mr. Wade (Rep.) of Ohio, Mr. Anthony (Rep.) of Rhode Island, Mr. Kennedy (Dem.) of Maryland, and Mr. Powell (Dem.) of Kentucky. Mr. Grimes, chairman of the committee, Mr. MorrUl, and Mr. Wade, were recognized by their associates and by the country as thorough and uncom promising opponents of slavery in every form. Mr. Dixon and Mr. Anthony were fair representatives of the feelings and views of conservative Republicanism. Mr, Kennedy came into the Senate a type of the moderate, conservative, respectable Whigisra of the Border slave States ; but was soon borne, Hke many others of that halting, timid school, by tho cftrrcnt of events, into the ranks of Democracy, Mr. Powell was an original Democrat, of the faith and creed of the slaveholding school, and an earnest, bold, and adroit advocate of its policy. In moving the reference of his resolution to this committee, Mr. WUson expressed the hope that the chairman " would deal promptly with the question." Mr. Wilson of Massachusetts, on the 16th of De cember, obtained leave to introduce a bill for the release of certain persons held to service or labor in the Dis trict of Columbia ; which was read twice, and ordered to be printed. The bill provided for the immediate emancipation of the slaves, for the payment to their loyal owners of an average sum of three hundred dollars, for the appointment of a commission to assess the sum to be paid, and the appropriation of one million of dol lars. On the 22d of December, on the motion of Mr. WUson, the bill was referred to the District Committee. IN THB DISTRICT OF COLUMBIA. 41 Mr. MorriU, on the 13th of February, 1862, re ported back from the Coramittee on the District of Columbia the bill, introduced by Mr. Wilson on the 16th of December, for the release of certain persons held to service or labor in the District of Columbia, with amendments. Mr. Wilson, on the 24th of Feb ruary, introduced a bill to repeal certain laws and ordinances in the District of Columbia relating to per sons of color, and moved its reference to the District Committee. This bill proposed to repeal the act of Congress extending over the District the laws of Mary land concerning persons of color, to annul and abrogate those laws, to repeal the acts giving the cities of Wash ington and Georgetown authority to pass ordinances relating to persons of color, to abrogate those ordi nances, and to make persons of color amenable to the sarae laws to which free white persons are amenable, and to subject them to the same penalties and punish ments. Mr. Wilson briefly recited the laws and ordi nances it was intended to repeal and abrogate. Mr. WUmot (Rep.) of Pennsylvania thought the Senate should act promptly upon the biU for the abolition of slavery in the District. "We should be the most derelict in our duty of any body that ever sat in the seats of power, if we adjourn this Congress without the abolition of slavery in the District of Columbia." Mr. WUson would say to the senator from Pennsylvania, that the bUl was very carefully prepared ; that it had been reported, with very slight amendments, by the committee ; and that it should bc taken up for action at an early day. "The bill," he said, "which I have in troduced this morning, is only foUowing up that bill, 4* 42 THE ABOLITION OF SLAVERY and repealing the Hack code of the District, — the laws applicable to persons of color in the District. It Is a necessary bill to be passed also ; and I hope, when we have done that, we shall go a step further, and offer to the State of Maryland the same terms that we offer to the people of the District, and clear this thing out of our neighborhood." On the 27th of February, the Senate, on motion of Mr. Morrill, made the bill for the abolition of slavery in the District the special order for the 5th of March, The bill on the 12th, on motion of Mr, MorrUl, was taken up ; and the Senate, as In Committee of the Whole, proceeded to its consideration. The amend ments reported by the committee were agreed to : arid Mr, MorrUl then moved to add an amendment, that no claim shall be paid for any slave brought into the Dis trict after the passage of the act, or which originates in or by virtue of any transfer heretofore made, or which shall hereafter be made, by any person who has in any manner aided or sustained the Rebellion against the Government of the United States ; and it was agreed to. Mr. MorrUl moved still further to amend the bUl by adding, that any person who shall kidnap or in any manner transport out of said District any person dis charged or freed by the provisions of this act, or any free person, with intent to ye-enslave or sell such per son into slavery, or shall re-enslave any of said persons, the person so offending shall be deemed guilty of a misdemeanor ; and, on conviction, shall be imprisoned in the penitentiary not less than five nor more than twenty years. Mr. Howard (Rep.) of Michigan would strike out " misdemeanor," and insert " felony," IN THE DISTRICT OF COLUMBIA. 43 Mr. MorrUl accepted the suggestion ; and the amend ment as modified was agreed to. Mr. MorrUl then moved that all acts of Congress and all laws of the State of Maryland in force in said District, and all ordinances of the cities of Washington or Georgetown, inconsistent with the provisions of this act, are hereby repealed ; and the amendraent was agreed to. Mr. Davis (Opp.) of Kentucky moved to add as a new section, that aU persons liberated under this act shall be colonized out of the limits of the United States ; ' and the sum of a hundred thousand dollars, out of any money, shaU be expended, under the direction of the President of the United States, for that purpose. Mr. Doolittle (Rep.) of Wisconsin "understood tho effect of tills amendment to be to colonize them, whether they are willing to be colonized or not. If the amendment of the senator was to offer to appropriate the sum of a hundred thousand dollars to be used for transporting and colonizing such of the free colored persons of this District as might desire to be colonized, I should vote for the amendment ; but, as it is, I cannot vote for It." Mr. Davis thought he was " better acquainted with negro nature than the honorable senator from Wiscon sin, He will never find one slave in a hundred that will consent to be colonized when liberated. The liber ation of the slaves in this District and in any State of the Union wiU be just equivalent to settling them in the country where they live ; and whenever that policy is inaugurated, espiecially in the States where there are many slaves, it wUl inevitably and immediately intro duce a war of extermination between the two races. . . . The negroes that are now liberated, and that remain in 44 THE ABOLITION OF SLAVERY this city, will become a sore and a burden and a charge upon the white population. They wUl be criminals. They will become paupers. They wUl be engaged in crimes and in petty misdemeanors. They wiU become a charge and a pest upon this society ; and the power which undertakes to liberate them ought to relieve the white community in which they reside, and in which they will become a pest from their presence." Mr. Davis emphatically asserted, that "whenever any power, constitutional or unconstitutional, assumes the responsibility of liberating slaves where slaves are nu merous, they establish, as Inexorably as fate, a conflict between the races, that will result in the exile or the extermination of the one race or the other. I know it. We have now about two hundred and twenty-five thou sand slaves in Kentucky. Think you, sir, that we should ever submit to have those slaves manumitted and left among us? No, sir; no, never: nor will any white people in the United States of America, where the slaves are numerous. If, by unconstitutional legis lation, you should, by laws which you shrink from sub mitting to the tests of constitutionality in your courts of justice, liberate them, without the intervention ofthe courts, the moment you re-organize the white Inhabitants of those States as States of the Union, they would re duce those slaves again to a state of slavery, or they would expel them and drive them upon you or south of you, or they would hunt them like beasts, and extermi nate them. ... I know what I talk about. Mr. Presi dent, the loyal people of the slave States are as true to this Union as any man in the Senate Chamber or in any of the fr-ee States : but never, never, wiU they IN THE DISTRICT OF COLUMBIA. 45 submit, by unconstitutional laws, to have their slaves Uberated and to remain domiciled among them ; and the policy that attempts it wUl estabHsh a bloody La Vendue in the whole of the slave States, ray own included." On the 18th, the bill was taken up, the pending question being Mr. Davis's amendment ; and Mr. Doo little proposed to amend the amendraent, so as to make it read, "with their own consent." Mr. Hale (Rep.) of New Hampshire delivered an earnest and effective speech for the passage of the bUl. "I may reraark," he said, "that, of all the forras scepticism ever as sumed, the raost insidious, the most dangerous, and the most fatal, is that which suggests that it Is unsafe to perform plain and simple duty, for fear that disas trous consequences may resxUt therefrom. This ques tion of emancipation, wherever it has been raised in this country, so far as I know, has rarely ever been argued upon the great and fundamental principles of right. The inquiry is never put, certainly in legislative circles. What is right? what is just? what is due to the individuals that are to be affected by the measure ? but. What are to be the consequences ? Men entirely forget to look at the objects that are to be effected by the bUl, in view of the inherent rights of their man hood, in view of- the great questions of humanity, of Christianity, and of duty ; but what are to be the con sequences; what is to be its effect upon the price of sugar, tobacco, cotton, and other necessaries and luxu ries of life. The honorable senator from Kentucky looks upon it in that point of view entirely. . . . But now, sir, let me close by reading to the senator from Kentucky predictions of the consequences that wiU foi- 46 THE ABOLITION OF SLAVERY low emancipation, exceedingly different from those which he has predicted. He predicts pauperism, degradation, crime, burdens upon society. That is the dark picture which fills his imagination as the consequences that are to foUow the putting -away of oppression from the midst of us. Let me read to him a different predic tion : — " ' 6. Is not this the fast that I have chosen ? — to loose the bands of wickedness, to undo the heavy burdens, and to let the oppressed go free, and that ye break etery yoke ? " ' 7. Is it not to deal thy bread to the hungry, and that thou bring the poor that are cast out to thy house ? When thou seest the naked, that thou cover him ; and that thou hide not thyself from thine own flesh ? ' "What are to be the consequences? Not pauperism, degradation, and crime, but, — " ' 8. Then shall thy light break forth as the moming, and thine health shall spring forth speedily ; and thy righteousness shall go before thee. The glory of the Lord shall be thy rearward. " * 9. Then shalt thou call, and the Lord shall answer ; thou shalt cry, and he shall say. Here I am. If thou take away from the midst of thee the yoke, the putting-forth of ^the finger, and speaking vanity ; " ' 10. And if thou draw out thy soul to the hungry, and satisfy the afflicted soul ; then shall thy Ught rise in obscu rity, and thy darkness be as the noonday. " ' 11. And the Lord shall guido thee continually, and satisfy thy soul in drought, and make fat thy bones ; and thou shalt be like a watered garden, and like a spring of water, whose waters fail not. '"12. And they that shaU be of thee shall build the old waste places. Thou shalt raise up the foundations of many IN THE DISTRICT OF COLUMBIA, 47 generations ; and thou shalt be caUed, The repairer of the breach, The restorer of paths to dwell in.' — Isa., ch. 58. "Now, sir, this nation has an opportunity, if I may say so, — and I say it reverently, — of putting the Almighty to the test, and of seeing whether the conse quences that his prophet has foretold or his senator has predicted wiU foUow as the result of this measure." Mr. DooUttle then addressed the Senate in advocacy of the poUcy of colonizing persons made free by the enactment o^the pending biU, Mr. Pomeroy (Rep.) of Kansas followed in decided opposition to the policy of making compensation to the masters for the slaves. to be emancipated by the passage of the measure, "I am really," he declared, "a friend to the bUl; and I desire at the proper time — I beUeve it is not in order now — to propose an amendment, striking out aU of the bUl, except the first and eighth sections. The first section of the biU extends over tliis District the ordi nance of 1787 ; and I think there is no doubt as to the effect of that. The eighth section simply prohibits men from taking colored persons out of the District to sell them after they have been made free. The first section frees them : the eighth section prevents their being kidnapped, I do not know what necessity there is for any further provision in the bUl." Mr. WUley (Union) of Virginia addressed the Senate on the 20th, in opposition to the measute. " This bUl," he asserted, ^is a part of a series of measures already initiated, all looking to the same ultiraate result, — the universal abolition of slavery by Congress." The Senate resumed, on the 24th, the consideration of the biU ; the pending question being Mr. Doolittle's 48 THE ABOLITION OF SLA-VERY amendment to Mr. Davis's amendment. Mr. Sauls bury (Dem.) of Delaware was in favor, if the slaves were liberated, of colonizing them ; yet, not believing that Congress has any constitutional powcr either to pass a bUl to liberate the slaves in the District or to appropriate money to colonize them, he should vote against the amendment and the bill. Mr. King (Rep.) of New York " did Intend to vote for this bill ; and I prefer to vote for it in the simplest shape in which it can be presented. Although I am disposed to look with favor upon the proposition submitted by the senator from Wisconsin, when this subject comes to be consid ered upon a more extended scale ; yet, as it relates merely to the District, I am inclined to vote against any amendments which go to extend the character of the bill beyond a simple proposition to emancipate the negroes in the District." The question being taken on Mr. Doolittle's amendment to Mr, Davis's amendment. It was agreed to, — yeas 23, nays 16, The question on Mr, Davis's amendment as amended was then taken, — yeas 19, nays 19 : so it was lost, Mr, Davis then addressed the Senate at great length in opposition, to the bUl, "You have originated,", he said, " in the North-east, Mormonism and free love, and that sort of ethereal Christianity that is . preached by Parker and by Emerson and by others, and all sorts of mischievous Isms ; but what right have you to force your isms upon us ? What right have you to force your opinions upon slavery or upon any other subject on an unwilling people ? What right have you to force them on the people of this District ? Is it from your love for the slaves, your devotion to benevolence and humanity. IN TIIE DISTRICT OP COLUMBIA. 49 your belief in the equality of the slaves with yourselves ? Why do you not go out into this city, and hunt up the blackest, greasiest, fiittest old negro wench you can find, nnd lead her to the altar of Hymen ? You do not be lieve in any such cquaUty ; nor do I. Yet your emis saries proclaim here that the slaves, when you liberate them, shall be citizens, shall be eligible to office in this city. A few days ago, I saw several negroes thronguig the open door, listening to the debate on this subject ; and I suppose, in a few months, they wUl be crowding white ladies out of theae galleries." Mr. Wilson of Massachusetts, on the 25th, addressed the Senate in favor of the bUl he had introduced early in the session. "This bill, to give liberty to the bond man," he said, "deals justly, ay, generously, by the master. The American people, whose moral sense has been outraged by slavery and the black codes enacted in the interests of slavery in the District of Colurabia, whose fame has been soUcd and dimmed by the deeds of cruelty perpetrated in their national capital, would stand justified in the forura of nations if they should smite the fetter from the bondman, regardless of the desires oj: interests of the master. With generous magnanimity, this bUl tenders compensation to the master out of the earnings of the toiling freemen of America. . . , In what age of the world, in what land under the whole heavens, can you find any enactment of equal atrocity to this iniquitous and profligate statute, this 'legal pre sumption' that color is evidence that man, made in tlie image of God, is an 'absconding slave'? This mon strous doctrine, abhorrent to every manly impulse of the heart, to every Christian sentiment of the soul, to 6 50 THE ABOLITION OF SLAVERY every deduction of human reason, which the refined, hu mane, and Christian people of America have upheld for two generations, which the corporation of Washington enacted into an imperative ordinance, has bome its legitimate fruits of injustice and inhumanity, of dishonor and shame. Crimes against man, in the name of this abhorred doctrine, have been annually perpetrated in this national capital, which should make the people of America hang their heads in shame before the nations, and in abasement before that Being who keeps watch and ward over the humblest of the children of men, , , , Here the oath of the black man affords no protection whatever to his property, to the fruits of his toU, to the personal rights of himself, his wife, his children, or his race. Greedy avarice may withhold from him the fruits of his toil, or clutch from him his little acquisi tions ; the brutal may visit upon him, his wife, his children, insults, indignities, blows ; the kidnapper may enter his dwelling, and steal from his hearthstone his loved ones ; the assassin may hover on his track, im perilling his household ; every outrage that the depravity of man can visit upon his brother man may be perpe trated upon him, upon his family, his race : but his oath upon the Evangelists of Almighty God, though his name may be written in the Book of Life, neither pro tects him ft'om wrong, nor punishes the wrong-doer. This Christian nation, in solemn mockery, enacts that tho free black men of America shall not bear testimony in the judicial tribunals of the District of Columbia, Although the black man is thus mute and dumb before the judicial tribunals of the capital of Christian Ame rica, his wrongs we have not righted here will go up to IN TIIE DISTRICT OF COLUMBIA. 51 a higher tribunal, where the oath of the proscribed negro Is heard, and his story registered by the pen of the recording angel. . , . These colonial statutes of Maryland, re-affirmed by Congress in 1801 ; these ordi nances of Washington and Georgetown, sanctioned in advance by the authority of the Federal Govemment, — stand this day unrepealed. Such laws and ordinances should not be permitted longer to insult the reason, per vert the moral sense, or offend the taste, of the people of Araerica, Any people ralndful of the decencies of life would not longer permit such enactments to linger before the eye of civUized man. Slavery is the prolific mother of those monstrous enactments. Bid slavery disappear from the District of Columbia, and it will take along with it this whole brood of brutal, vulgar, and indecent statutes. . , , This bUl for the release of persons held to services or labor in the District of Colurabia, and the compensation of loyal masters from the treasury of the United States, was prepared after much refiection and sorae consultation with others. The Comraittees on the District of Columbia, in both Houses, to whom it was referred, have agreed to it, with a few amendments calculated to carry out raore corapletely its original purposes and provisions. I trust that the bill as it now stands, after the adoption of the amendments proposed by the senator from Maine (Mr. Morrill), wUl speedily pass without any material modifications. If it shall become the law of the land, it will blot out slavery for ever from the national capital, transform three thousand personal chattels into freemen, obliterate oppressive, odious, and hateful laws and ordinances, which press with raerciless force upon persons, bond or 52 THE ABOLITION OF SLAVERY free, of African descent, and relieve the nation frora the responsibilities now pressing upon it. An act of bene ficence like this will be h.ailed and applauded by the nations, sanctified by justice, humanity, and religion, by the approving voice of conscience, and by the bless ing of Him who bids us ' break every yoke, undo the heavy burden, and let the oppressed go free.'" "Why," asked Mr. Kennedy of Maryland, "^seek to impose upon us principles and measures of policy which we do not want, and which tend only to still further derange and embarrass us, — tend further to surround us with complicated questions from which we have no escape ? Why not allow us to work out our own des tiny, and to accommodate ourselves as best we can to the disadvantages which this unhappy revolution has thrown around us ? . . . What possible benefit can occur to the North by the abolition of slavery in this District, when it is to be so deleterious and so injurious in its results to a sister State of this Union? What earthly consideration of good is to result to the people of the North, that does not bring a tenfold corresponding evil, not only upon the people here, but upon the people of my State?" Mr, Saulsbury moved to amend by inserting as a new section, that "tho persons liberated under this act shall. within thirty days after the passage of the same, be removed, at the expense of the Federal Governraent, into the States of Maine, New Hampshire, Massachu setts, Rhode Island, Connecticut, Vermont, New York, Pennsylvania, New Jersey, Ohio, Indiana, Illinois, Michigan, Iowa, Wisconsin, Minnesota, Kansas, Ore gon, and California; and that said persons shall be IN TIIE DISTRICT OF COLUMBIA. 53 distributed to and among the said States, pro rata, according to the population of the sarae." " If it is the spirit of philanthropy and a love of freedora," he said, " that prompts you gentleraen to set these three thous and shaves in the District of Colurabia free, render that phUanthropy and that love of freedom sublime in the sight of aU human kind by taking into your own em brace, in your own midst, the slaves thus Uberated. Prove that you are sincere." " I regret," said Mr. Harlan (Rep. ) of Iowa, " very much that senators depart so far from the proprieties, as I consider it, of this Chamber, as to make the allu sions they do. It is done merely to stimulate a preju dice which exists against a race already trampled under foot. I refer to the allusions to white people embracing colored people as their brethen, and the invitations by senators to white men and white women to marry col ored people. Now, sir, if we were to descend into an investigation of the facts on that subject, it would bring the blush to the cheeks of some of these'gentlemen, I once had occasion to direct the attention of the Senate to an illustrious example from the State of the senator who inquired if any of us would marry a greasy old wench. It is history, that an illustrious citizen of his State, who once occupied officially the chair that you, sir, now sit in, lived notoriously and publicly with a negro wench, and raised children by her. ... I re fer to a gentleman who held the second office in the gift of the American people ; and I never yet have heard a senator on this floor denounce the conduct and the association of that illustrious citizen of our country. I know of a family of colored or mulatto children, — the 5* 54 THE ABOLITION OF SLA-VERY children, too, of a gentleman who very recently occu pied a seat on the other side of the Chamber, — who are now at school in Ohio ; yes, sir, the children of a senator, who very recently, not to exceed a year since, occupied a seat on this floor, a senator from a slave State. I do not desire to consume the time of the Senate and of the country in calling attention to these acts ; it is humiliating enough to know that they exist : but, if senators who represent slaveholding States wUl perpetually drag this subject to the attention of the Sen ate and of the country, let thera take the logicfil conse quences of their own folly, and bear the shame which an investigation of facts must inflict on themselves and their constituents." Mr. Saulsbury followed in reply to Mr. Harlan, and closed by saying, " Senators, abandon now, at once and for ever, your schemes of wild philanthropy and universal emancipation ; proclaim to the people of this whole country everywhere, that you mean to preserve the Union established by Washington and Jefferson and Madison and the fathers of the Republic, and the rights of the people as secured by that glorious instru ment which they helped to frame, and your Union never can be destroyed : but go on with your wild schemes of emancipation, throw doubt and suspicion upon every man simply because he fails to look at your questions of wild philanthropy as you do, and the God of heaven only knows, after wading through scenes be fore which even the horrors of the French revolution 'pale their ineffectual fires,' what ultimately may be the result." Mr, Wilkinson (Rep,) of Minnesota addressed the IN THE DISTRICT OF COLUMBIA. 55 Senate, on the 26th of March, in an earnest and elo quent speech in favor of the bUl. " If there be a place upon the face of the earth," he said, "where human slavery should be prohibited, and where every man should bc protected in the rights which God and Nature have given hira, that place is the capital of this great RepubUc, It is an insult to the enligtitened public sen timent of the age, that those who meet here from the free States of the Union, and the representatives of the free governraents of the earth, — lovers of liberty, — should be compelled, in the capital of this free Republic, daUy to witness the disgusting and shocking barbarities which a state of human slavery continually presents to their view. It is a shame, that here, upon common ground, the representatives of the loyal and free North, those who have never failed to discharge every duty to their country, should be treated with conturaely and contempt, and even hissed, as they have been in tho Capitol of the nation and in the galleries of the Senate, by the slaveholding influence of this District." At the close of Mr. Wilkinson's speech, the vote was taken on Mr. Saulsbury's proposition to colonize the liberated slaves among the loyal States, and it was unanimously rejected ; Mr. Saulsbury finally voting against his own amendraent. On Monday, the 31st of March, the Senate resuraed the consideration of the bill ; and Mr. Sumner addressed the Senate in an elaborate and eloquent speech in favor of its speedy passage. He said, " Mr. President, with unspeakable delight I haU this measure, and the prospect of its speedy adoption. ... It is the first instalment of that great debt which we all owe to an enslaved race. 56 THE ABOLITION OF SLAVERY and will be recognized in history as one of the victories of humanity. At home, throughout our own country, it will be welcomed with gratitude ; whUe abroad it will quicken the hopes of all who love freedom. Liberal institutions will gain everywhere by the abolition of slavery at the national capital. Nobody can read that slaves were once sold in the markets of Rome, beneath the eyes of the sovereign pontiff, without confessing the scandal to religion, even in a barbarous age ; and no body can hear that slaves are now sold in the markets of Washington, beneath the eyes of the President, with out confessing the scandal to Hberal institutions. For the sake of our good name, if not for the sake of justice, let the scandal disappear. . . . Amidst all present solici tudes, the future cannot be doubtful. At tlic national capital, slavery will give way to freedom : but the good work will not stop here ; it must proceed. What God and Nature decree, rebellion cannot arrest. And as the whole wide-spread tyranny begins to tumble, — then, above the din of battle, sounding from the sea and echoing along the land, above even the exultations of victory on well-fought fields, will ascend voices of glad ness and benediction, swelling from generous hearts wherever civilization bears sway, to commemorate a sacred triumph, whose trophies. Instead of tattered ban ners, will be ransomed slaves." On the 1st of April, Mr. Wright (Union) of Indiana spoke in opposition to the enactment of the measure. He had presented a bill for the abolition of slavery in the District of Columbia, being in substance the measure proposed by Mr. Lincoln in 1848. It provided for the gradual extinction of slavery. He thought, " if slavery IN THE DISTRICT OP COLUMBIA. 57 was let alone, there would be no slavery here in ten years." The pending question being the amendment offered by Mr. Pomeroy " to settle the account between master and slave," he said he had offered the amendment in good faith, as a friend of the measure, so that "the commission could weigh out justice, give corapensation where it was due." — "The fundamental law of the land," declared Mr. Fessenden (Rep.) of Maine, "is broad and clear. We need no excuse on the subject at all. Congress, under the Constitution, is gifted with all power of legislation over this District, and may do any thing in it that any legislature can do in any State of the Union, unless expressly restrained by the Consti tution which gives it its powers ; and there being a specific grant of all powers of legislation in this Dis trict, and there being no restraint upon it which would touch the question, it follows as a matter of necessity that the constitutional powcr exists ; and it includes as well the power to vote money. . . . This question of the abolition of slavery in the District of Columbia, I have stated, haa been one that has always been near to my heart. Gentleraen say it is a bad time to take it up : it wiU be attended -with injury. With regard to one point of injury, I have spoken ; but do gentlemen beHeve any other injury is to foUow? Whom do we injure ? The slaves ? The slave wUl bear the injury. Do we injure the ovnier ? What claim have the owners of slaves in the District of Colurabia upon us ? They have, in my judgment, been holding slaves here without law since the foundation of the Government ; and they have been able to do it, because it has been in their power to secure a majority always in Congress which 58 THE ABOLITION OF SLAVERY was invincible, that could not be overcome." Mr. Davis moved to strike out the proviso to the third section, limiting the average sum to be paid to three hundred dollars, — yeas 11, nays 30, Mr, Browning (Rep,) of IIHnois "never doubted the existence of the power in Congress, under the Consti tution, to pass thia or any other legislative measm'e affecting the District of Columbia, The grant of power Is as broad and ample as it is possible for our language to make it," Mr. Clark (Rep.) of New Hampshire moved an amendment of eleven sections, as a substitute for the original bill. "I do not pro pose this amendment," he said, "for the purpose of impeding the passage of the bUl, or of impeding the abolition of slavery in this District. I desire to accom plish it. It is a measure to which I gave my heart long ago, and it ia a measure to which I am ready and desirous to give my hand now. 1> do it vnth the intention of offering to the Senate a better bUl, as I conceive it to be." Mr. Morrill, in reply to Mr. Clark, asserted " that this bill originally, as submitted to the committee, was prepared with very great care, and it has received the best consideration that fhe committee was able to bestow upon it ; and I will say to my hon orable friend who criticises the original bUl, and who thinks that hia is much better, that there was not a single question to which he alludes that did not receive the attention of the committee ; and, if I understand the bUl of the committee ^ there is not a single provision of his bUl but is provided for in the bill of the com mittee, except the feature of referring it to the Court of Claims." Mr. WUley proposed to amend Mr. Clark's IN THE DISTRICT OF COLUMBIA. 59 amendment so as to submit the bill to the legal voters of the District. Mr. WiUey averred that he intended to vote for the President's resolution tendering the aid of the Government to the loyal States. "It meets," he said, " ray approbation ; and the more I think about it, the more I believe it is correct, and that it wiU be a balm to heal the bleeding wounds of our country at last." — " If we are going," said Mr, Poraeroy, " to leave this question to the people to vote upon it, I insist that the senator from Virginia should amend his amendment by striking out at least two words, ' free white.' If he will strike out those two words, and let every person who has arrived at the age of twenty-one years vote, there will at least be fairness in submitting this question to a vote of the people. As the question affects both parties alike, and as it is as much for the interest of the colored man as the white man, I should Uke to know why he may not vote on it." Mr. WUley's amendment was rejected, — yeas 13, nays 24. Mr, Clark moved to strike out the third section of the original bill, and Insert a new section in Ueu of it. This amendment was advocated by Mr. Clark, opposed by Mr. MorriU, and rejected, Mr. Wright, on the 2d of April, presented the meraorial of the Board of Aldermen of Washington, expressing " the opinion that the sentiment of a large majority of the people of this comraunity is adverse to the unqualified aboHtion of slavery in this District at thp present critical juncture in our national affairs." Mr. Davis of Kentucky made a very long, desultory harangue against the biU and all kindred measures. "Massachusetts," he said, "was the hot-bed, the very 60 THE ABOLITION OF SLAVERY place of origin, of every political heresy that has been set up in any part of the country. . „ . I hardly know of any political, religious, or social mischievous and noxious ism but what had Its origin in Massachusetts. ... It has been frequently inquired, ' What brought about this war ? ' I shall not enter into that subject at any length ; but I will tell you what I religiously be lieve, — that the States of Massachusetts and South Carolina and their mischievous isms have done more to bring about our present troubles than all other causes." Mr. Morrill said in reply, that " the sentiments which the honorable senator puts forth here are sentiments directly adverse to the principles of the common law. I know they are opinions and principles reaching far back into the early period of the world ; but allow me to say to the honorable senator, they are barbarian in their origin. They were never inculcated and never adopted in civilized nations. Where civilization has advanced, where the doctrines of Christian civilization are recognized, these notions are held to be antiquated, barbarian ; and they do not enter into the jurisprudence of any civilized or Christian nation on the globe." ' Mr. M'Dougall, on the 3d, addressed tho Senate in an elaborate speech in opposition to the measure ; and Mr. Ten. Eyck preferred a system of gradual emanci pation, but would vote for the original bUl as amended. He was not sure but the postponement of the measure until the Border slave States have acted on the Presi dent's proposition would cure the evil. "If Maryland and Delaware should vote to abolish slavery according to the plan proposed by the President and the resolution we passed yesterday, slavery in this District would IN THE DISTRICT OF COLUMBIA. 61 speedily die out of itself. Like an exhausted candle, it would flicker in its socket, and soon be gone for ever, and not a single wave of popular feeling be created to disturb or agitate the surrounding sections of country interested in the institution." Mr. Sumner moved to araend, by introducing in the fifth section, after the words " courts of justice," the words " without the ex clusion of any witness on account of color." Mr. . MorrUl said the biU provided that the clairaant may be summoned before the commissioners, and that the party for whose service compensation is claimed may testify ; but the amendment extends that to other per- scvns, and he did not object to it. On motion of Mr. Saulsbury, the yeas and nays were taken on Mr. Sum ner's amendment, — yeafe 26, nays 10. Mr. Clark's substitute was rejected, without a division. Mr. Wright moved to strike out all after the enact ing clause of the bill, and insert as a substitute the amendment he had proposed, providing for a system of gradual emancipation. Mr. Wright declared he had offered it " because it embodies principles which I like. The object of presenting it as an amendraent is, that, if adopted, it may be referred back to the committee for perfection." The amendment was rejected, — yeas 10, nays 27. Mr. Clark moved to insert at the end of section two, " that he has not borne arras against the United States during the present Rebellion." Mr. Trumbull moved to add that " the oath of the party to the petition shall not be evidence of the facts therein stated ; " and the amendinent to the amendment was agreed to, and the amendment as amended adopted. Mr. Brownmg 62 THE ABOLITION OF SLAVERY moved to make the sum appraised and apportioned five in lieu of three hundred dollars, one-half to be paid to the master, and the other half paid to the slave, on satisfactory evidence that he has removed and settled outside the United States. Mr. Browning would com bine emancipation and colonization. "I believe," he declared, " that we cannot do any substantial good to the colored people of this country without combining with whatever action we take upon this subject a system of colonization, or adopting measures that will lead to voluntary colonization on their part. It is not legal and political equality and emancipation alone that can do much for the elev.ation of the character of these people. We may confer upon them all the legal and political rights we ourselves enjoy : they will still be in our midst, a debased and degraded race, incapable of making progress, because they want that best element and best incentive to progress, social equaUty, which they never can have here." — "Why does not the gen tleman," asked Mr. WUmot, "make his amendment consistent with his argument, and propose compulsory colonization? If the races cannot live together, then surely we should adopt compulsory emigration. The amendment of the senator goes but a short way towards the argument that he advances." " This inducement," replied Mr. Browning, " for voluntary emigration, is perfectly consistent with aU that I have said on that point. I do not propose now to discuss a system of compulsory emigration. We are acting upon too small a ocale to justify us in broach ing so momentous a question as that is at this time. The time may come, the time possibly will come, when IN TIIE DISTRICT OF COLUMBIA. 63 compulsory colonizati6n may be found necessary for the good of both races ; and, if it does come, I appre hend I, for one, shall be found ready to meet it, and to take my share of the responsibUity of enforcing it." Mr. Browning's -amendment was rejected, Mr, CoUamer (Rep.) of Vermont, for the better security of emancipated persons, moved to add two additional sections, providing that the claimants shall file, with the clerk of the Circuit Court in the District, descriptive lists of the persons for whom they claim compensation ; and that the clerk shall give on demand, to each person made free or manumitted by this act, a certificate under the seal of said court, setting out the narae and description of such person, and stating that such person was duly manumitted and made free by ¦virtue of this act ; and these provisions were incor porated in the bUl. Mr. M'Dougall offered as a sub stitute the amendment previously offered by Mr. Wright and rejected, — yeas 10, nays 25. The bUl was then reported to the Senate, and the amendments adopted in Committee of the Whole concurred in. Mr, Doolittle thought his amendraent appropriating a hundred thousand dollars to aid in the colonization and settlement of such free persons of African descent as may desire to emigrate to the republics of Hayti or Liberia, or such other country beyond the limits of the United States as the President raay determine, had been voted down because some senators thought it connected in some way with a systcm of compulsory colonization. He renewed his amendment, and demanded the yeas and nays ; and they were ordered, — yeas 27, nays 10. " I regard the bUl," said Mr, PoweU, " as unconstitu- 64 THE ABOLITION OF SLAVERY tional, impolitic, unjust to the people of the District of Columbia, and bad faith to the people of Virginia and Maryland, , , , This bill is unjust to the people of the District of Columbia, because it deprives them of one of their domestic institutions. It is unjust to them in another respect ; because, while you pretend to pay them, you do not give them a fourth of the value of their property. The highest amount you give a citizen for his negro is three hundred dollars, while every one in this Senate knows that many of those negroes are worth three or four times that amount." Mr. Wilson of Massachusetts remarked, that the senator from Kentucky was mistaken. "The average sum to be paid is three hundred dollars ; but for some may be paid eight or nine hundred or a thousand dollars, and for others but a very small sum indeed." IVIr. Bayard (Dem.) of Delaware had hoped "to obtain the fioor, on the passage of the bill, at an earlier hour ; and though it is certainly, personally, very inconvenient to me to speak at this time, I have to perform a duty which I owe, not to my own constituents, for they have no par ticular nor immediate interest in the bUl, but a duty that I think I owe, as a member of this body, to my country, , . , I concede, without the slightest reser vation, that the authority of the General Government , over the District of Columbia ia precisely the same as the authority of a State over ita territory ; that no con stitutional objection can arise to the action of Congress in abolishing slavery in this District, other than those that could be made within the boundaries of a State ¦under similar provisions of a State constitution. The effect of this bill, in my judgment, will be deleterious, IN TIIE DISTRICT OF COLUMBIA, 65 and most deleterious first to the city of Washington, next to the State of Maryland, then to the State of Virginia, and then by the effect of its indirect influence to the State of Kentucky and the State of Missouri ; and, if you succeed in compelling by force of arms the other slaveholding States to return into the Union, the effect wUl permeate through the entire mass of those States," At the close of Mr, Bayard's speech, the presiding officer stated that the question was on the passage of the biU, upon which the yeas and nays had been ordered. The question was taken, and resulted — yeas 29, nays 14. Thus the bill "for the release of certain persons held to service or labor in the District of Columbia," introduced by Mr. WUson into the Sen ate, Dec. 16, 1861, passed the Senate, AprU 3, 1862. In the House of Representatives, on the 10th of AprU, Mr., Stevens (Rep.) of Pennsylvania moved that the House resolve itself into the Committee ofthe Whole on the State of the Union. The motion was agreed to ; and Mr. Stevens moved that aU the preceding bills on the calendar be laid aside, and that the coraraittee take up the bill for the abolition of slavery in the Dis trict of Columbia. Mr. Webster (Union) of Maryland objecting, the chairman, Mr. Dawes (Rep.) of Massa chusetts, stated that he would call the calendar in order. Mr. Stevens said he would move to lay the bills aside untU he reached the bill he had indicated. When the Senate bill for the abolition of slavery in the District of Columbia was reached, Mr. Webster moved to lay it aside ; but the motion failed, and the bill was before the Committee of the Whole for consideration. "I 6* 66 THE ABOLITION OF SLAVERY avail myself," said Mr. Thomas (Opp.) of Massachu setts, " of the indulgence of the committee to make some suggestions upon subjects now attracting the attention of Congress and of the country, — the rela tion of the 'seceded States' (so called) to the Union, the confiscation of property, and the emancipation of slaves in such States." On the llth, Mr. Stevens moved that the debate upon the bill be closed in one hour after the Committee of the Whole resumes its consideration ; but the motion was lost, — yeas 57, nays 64. Mr. Nixon (Rep.) of New Jersey said, "The gradual emancipation of the slave would have been more in harmony with the past modes of dealing vdth this question, and more in accord ance -with my views of public policy. But If immediate emancipation, with just compensation, shall prove to be the sentiment of the House, I am prepared to exercise an express constitutional power, and vote to .remove for ever the blot of slavery from the national capital," Mr. Blair (Rep.) of* Missouri said, "The charge haa frequently been heard here and elsewhere, that the Pres ident is withput a poUcy in his administration, I shall endeavor to show that this imputation is unfounded, to explain my conceptions of his policy, and to demon strate that it is wise in every aspect, and commends itself tp the lovers of the Union and of freedom," Mr, Crittenden (Union) of Kentucky followed in opposition to the bUl and to the policy of emancipation, " You may produce," he said, " much mischief by this measure. What is the good? Slavery has been, under one influ ence or another, disappearing from this district for years. It has been decaying and going out. Your biU IN THE DISTRICT OF COLUMBIA, 67 would not, probably, have a thousand slaves to act upon. What, then, is the deep anxiety to pass this measure? Why should Congress, at a time Hke this, devote its attention with so much earnestness, and appa rently with so much purpose, to this measure? Let slavery alone. It wUl go out like a candle. No dis turbance wUl foUow it. No violation of public feeling wUl foUow. No apprehension will result from it. This measure wUl create discontent among the people else where, and will lead them to consider it but as an au gury of what is to come afterwards. The good you can do by it is Httle, is rainute, in comparison to the great question involved." — "We are deliberating here to day," said Mr. Bingham of Ohio, " upon a biU which Ulustrates the great principle that this day shakes the throne of every despot upon the globe ; and that is, whether man was made for government, or govemment made for man. Those who oppose this bUl, whether they intend it or not, by recording their votes against this enactment, reiterate the old dogma of tyrants, that the people are made to be governed, and not to govern. I deny that proposition. I deny it, because all my con victions are opposed to it. I deny it, because I am sure that the Constitution of my country is against it. I cannot forget, if I would, the grand utterance of one of the Ulustrious men of modem times, — of whom Guizot very fitly said, that his thoughts impress themselves indelibly wherever they faU, — standing amid the despot isras of Europe, conscious of the great truth that all men are of right equal before the law, that thrones raay perish, that crowns may turn to dust, that sceptres raay be broken and empires overthrown, but that the 68 THE ABOLITION OP SLAVERY rights of men are perpetual, he proclaimed to listening France the strong, true words, ' States are bom, live, and die upon the earth ; here they fulfil their destiny : but, after the citizen has discharged every duty that he owes to the State, there abides with him the nobler part of his being, his immortal faculties, by which he ascends to God and the unknown realities of another life.' I would Ulustrate that utterance of the French thinker by incorporating in our legislation this day a provision, that every human being, no matter what his complexion, here within the limits of the capital of the Republic, shall be secure in the enjoyment of his Inherent rights ; that the citizen is more than the State ; that the protec tion of hia righta is of more concern than any or all mere State policies. I would pass this bill, not only for the sake of giving present relief to the unfortunate human beings for whose special relief it is designed, and who, if I am rightly informed, are being carried hourly away from your capital in order to perpetuate their too- long-endured captivity, not only to burst their fetters, not only to kindle a new joy in their humble homes by inspiring in them a sense of personal security and safety, but I would pass this bill for the purpose as well of giving a new assurance that the Republic stiU lives, and gives promise not to disappoint the hopes of the strug gling nations of the earth." "A great truth," said Mr. Riddle (Rep.) of Ohio, " is weakened by what men call elucidation. Illustra tion obscures it ; logic and argument compromise it ; and demonstration brings it to doubt. He who per mits himself to be put on its defensive ia a weak man or a coward. A great truth ia nev6r so strong aa IN THE DISTRICT OP OOLUMBLA,. 69 when left to stand on its simple assertion. The thing right for ever reraains right, under all possible cir cumstances and conditions, in all times, places, and seasons. Nor can it be changed at all. Not aU power, nor the combination of all power, no matter how employed or applied, can change it in the least. It matters not at aU how men call it: though the unani mous world conspire to caU it Ul, and tag it out with all vUe epithets ; though aU obscene mouths make it com mon, and lewd tongues toss it into sewers, and delicate and refined ears may not hear it, — it is ncwise changed. No matter what Ul happens to it ; though cast out, exUed, banished, and outlawed, marked and for ever banned, made leprous with contumely and reproach ; though prisoned, tried, condemned, and executed, and its body, like carrion, cast to vultures, — it stiU lives, is StiU right ; holds its old place and old sceptre. Nor can any man, by any power, under any circumstances, for any thing, be absolved frora the allegiance he owes it." — "I did not rise," said Mr. Fessenden (Rep.) of Maine, " to discuss the merits of this bUl. The hour for its discussion has passed. The hour in which to put upon it the seal of the nation has come. I tmst it is, indeed, the harbinger of that brighter, brightest day at hand, when slavery shall be abolished wherever it exists in the land. This wUl be the one finality which wiU give us a righteous and a lasting peace." Mr. Rollins (Rep.) of New Hampshire said, "It is one of the most beautiful traits of human nature, that while the sons of men are struggling to bear the burdens of human life, and perform the works assigned to our common nature, they sometimes step aside, or stop in 70 THE ABOLITION OP SLAVERY their Way, to minister to the wants of the needy, who, sitting by the wayside, lift their eyes and hands to beg for charity. This nation, which, like a giant, walks along the pathway of nations, girded aa with iron, sternly to meet and overwhelm its fratricidal foes, while marching steadily on to its work, feels it no hinderance to listen to the humble cry of a few hundred of its feeblest children who grind In the prison-house of ita deadly foe. The abolition of slavery in the District of Columbia is, to the few slaves therein, a deed of jus tice and mercy that this people cannot omit to perform at this golden opportunity. Slavery has forfeited aU claims to any implied obligation for immunity in the capital of the nation by its mad attempt to tear dovm the pillars of that Government under which it claimed protection. Justice demands that the arch enemy of our Government and instigator of aU our present calam ity, who still lurka in thia chosen centre of the Republic, as Satan did In the garden of Eden, should be expelled, and that the glittering sword of power should guard the gate against its entrance for evermore, Mercy — if the act of emancipation may have that quality — de mands for the victims of this too-long-endured oppres sion their restoration to the primal rights of humanity. This ia the quality that wUl give to this act, about, aa I trust, to be consummated, ita crowning grace and virtue, and commend It to the admiration of good men aU over the world, and win for it the approval of Heaven, where mercy has ita aeat." — " Of the moral effecta of the measure upon the country and upon the world," said Mr. Blake (Rep.) of Ohio, "I need not apeak. That it will elevate us in the eyes of all civilized nations, IN THB DISTRICT OF COLUMBIA, 71 is not doubted ; that it -wUl awaken a thrill of patriotic pride and enthusiasm in the great heart of the nation, no man doubts. Even the opponents of emancipation on thia floor have not ventured to shock the moral sense of the House by an absolute defence of slavery as a thing desirable in itself. No man has ventured to assert that the measure wUl be injurious to the general interests of the District. The respected and venerable gentleman from Kentucky (Mr. Crittenden) did declare that he was no friend of slavery ; that, if the adoption of slavery were now an original proposition before the House, he would vote against it. I rejoice, sir, at such declara tions aa these, coming, as I have no doubt they do, from a truly loyal, patriotic heart : they are the har binger of better days for the Republic. But, sir, I expect no applause in South Carolina and Mississippi for the passage of this bUl, and none from traitors any where. It is our duty to abolish slavery here, because Congress, by the Constitution, has the power to do it ; and, slavery being a great wrong and outrage upon hu manity, we should at once do right, and pass this biU." — "I would rather close this debate," said Mr. Van Horn (Rep.) of New York, "and come directly to the vote' upon it, and content myself with recording my name in ita favor. Indeed, it needs no defence. Upon its face it bears the marks of humanity and of jus tice. Every line and every syUable is pregnant with a just and true sentiment, and already hallowed with the Bublime spirit of a noble purpose. Throughout it there breathes a spirit akin to that which runs through all the wonderful teachings of Him who spake as never man spake, and inspired the hearts of those whose immortal 72 THE ABOLITION OP SLAVERY sayings -will outlast all the monuments that time can erect." Mr. Ashley (Rep.) of Ohio said, "The struggles and hopes of many long years are centred in this eventful hour. The cry of the oppressed, ' How long, O Lord 1 how long ? ' is to be answered to-day by the American Congress. A sublime act of justice is now to be recorded where it wUl never be obliterated ; and, so far as the action of the representatives of the people can decree it, the fitting words of the President, spoken in his recent special message, 'initiate and emanci pate, '.shall have a life co-equal with the RepubUc. God has set hia seal upon these priceless words ; and they, with the memory of him who uttered them, shaU live in the hearts of the people for ever. The golden morn, so anxiously looked for by the friends of freedom in the United States, has dawned. A second national jubilee will henceforth be added to the calendar. The brave words heretofore uttered in behalf of humanity in this hall, like ' bread cast upon the waters,' are now ' to return after many days,' and find vindication of their purposes in a decree of freedom." — " Discussion will go on," said Mr. Hutchins (Rep.) of Ohio, "should go on, till slavery is extinct. It has only a 'contraband' existence anywhere. It has rebelled against the lawful and rightful authority of the Government, and its pres ence is in the way of permanent peace! Our fathers honestly supposed that it would disappear before the march of Christian civilization. They were mistaken. While we strive to imitate their wisdom, and seek to emu late their patriotism, let us be warned by their mistake. I am more anxious to vote than to detain the committee longer by remarks. This blU will make the national IN TIIE DISTRICT OF COLUMBIA. 73 capital yVee ; and then the statue of Liberty, fashioned by our own Crawford, will be a fitting ornament on the finished dorae of the Capitol." Mr. Stevens moved that the comraittee rise, for the purpose of closing the debate ; and the motion was agreed to. Mr. Stevens then moved that all debate close in Committee of the Whole in one minute after the committee shall resume the consideration of the question. Mr. Richardson (Dem.) of Illinois moved to amend, so as to aUow one Hour, — yeas 56, nays 73. Mr. Wright (Dem.) of Pennsylvania moved to amend the first section so as to provide " that this act shall not go into operation uidess the qualified citizens of the District of Colurabia shall, by a majority of votes polled, approve and ratify the sara^." — "I would recomraend to my colleague," said Mr. Stevens, "with great respect, an amendment in another document. It is somewhere provided that the wicked shall be damned. I would suggest to ray colleague that he propose a proviso to that, ' providing that they consent thereto.', It would be just as decent an amendment as the one which he has proposed." Mr. Wright's amend ment was lost. Mr. Wadsworth (Opp.) of Kentucky moved to strike out of the second section the words, "loyal to the United States." The provision he "held to be unconstitutional."-^ "I oppose," said Mr. Hick man (Rep.) of Pennsylvania, "this amendraent. My objection is, that a man who is disloyal forfeite the pro tection which ho would otherwise be entitled to from the Government ; that he cannot claim the protection of the Constitution which he repudiates and atterapts to cast off; and it is not for us to confer rights upon 7 74 THE ABOLITION OF SLA-VERY him which he distinctly disclaims." Mr. Wadsworth's amendment was rejected, Mr, Train (Rep.) of Massa chusetts said, "I offer the following amendment to the third section : 'That any person feeling himself aggrieved by the determination of the commissioners in the amount of compensation awarded, may, within three months from the time when the final report of said commis sioners shall be filed, appeal to the Circuit Court of the United States for the District of Columbia, and either party may be entitled to a trial by jury in that court, and the judgment in the case shall be final upon all parties.' This amendraent," said Mr. Train, "does not affect the bill, so far forth as it goes to the question of emancipation, but simply the proceedings in fixing the compensation." Mr, Train's amendment was lost, — ayes 53, noes 63, Mr, Harding (Opp.) of Kentucky moved to strike out the proviso liraiting the sum ap praised to $300, "You do not," aaid Mr. Harding, " conault the people of the District as to whether they are wUling to sell or not. Not at all. You have the power to buy, and you wiU buy ; you have the power to fix your own price, and you wUl fix it, I say I have more respect for a man who wiU walk up and take my property, without thus mocking me with a consideration," Mr, Lovejoy (Rep.) of Illinois opposed the amendment. He said, "The gentleman thinks it ia worse to take a thing for one-half of its value than it is to rob a man of his property outright, if I understood his remarks, I wonder which is worse, — to rob a raan ofhis horse, or to rob him ofhis wife and child? That ia the question I would like to ask him. Look at this which I hold in my hand : — IN THE DISTRICT OP COLUMBIA. 75 ' Georgetown, D.C, June 12, 1861. •I hereby give my consent to let James Harod have the privUege of buying his wife and child for the sum of $1,100. James Harod is himself free. 'Louis Mackall, Jun.' "Now talk about robbery. Every slave here has been robbed and stolen, and every man who holds a slave is a man- thief ; and here, in this nineteenth cen tury, in the Federal city of this Christian Republic, lofty and eminent among the nations of the earth, chal lenging respect and imitation, is this man, MackaU, who proposes to let a free man have the privUege of buying his wife and child, which he had stolen from him, for eleven hundred dollars, — thia Mackall, a woman-thief, a chUd-thlef I How much did he give for this woman ? He took her for a debt. And here let me say, for fear that ray time may expire, this woman-thief, Mackall, after giving a pledge that thia man might buy his own wife and chUd, flesh of his flesh, and bone of his bone, seized the woman and chUd, and a babe, six months old, born since, and sent them into a slave-pen in Baltimore ; and yet here brazen men stand up and talk about robbing, be cause we give only three hundred dollars apiece, on an average, to deliver these poor oppressed beings from a condition of brutism. It is the sublimity of impu dence," Mr, Wickliffe said, " I have no hope of success ; but I feel it to be ray duty to move to strike out the words, ' -without the exclusion of any witness on account of color,' where they Occur. I presume it is intended to let a man's servant come in, and swear that he is a 76 THE ABOLITION OF SLAVERY disloyal man. I do hope the friends of this bUl will not so far outrajre the laws of this District aa to author- ize slaves or free negroes to be witnesses in cases of this kind." Mr. Stevens said, "I trust that this com mittee will not so far continue an outrage as not to allow any man of credit, whether he be black or white, to be a witness ; " and the amendment was rejected. Mr, Wickljffe moved to strike out all after the enact ing clause, and insert the bill moved in the Senate by Mr. Wright of Indiana, Mr, Holman (Rep.) of Indiana would amend the amendment by striking out the fifth section, requiring the authorities of Washing ton and Georgetown to provide active and efficient means to arrest fugitive slaves. Mr. Cox (Dem.) of Ohio opposed the motion, "because, if the bill is to pass in any shape at all, I should like to see this sub stitute passed in its ehtirety." Mr. Vallandigham (Dem.) said that "there were not ten men in the Thirty-sixth Congress of the United States who would have recorded their votes in favor of the abolition of slavery in the District of Columbia. There are many on that side of the House who believe and know that assertion to be true ; and yet behold, to-day, what is before the Congress of the United States 1 In the language of the distinguished gentleman from Ken tucky, ' availing themselves of the troubles of the times,* we have this bill brought forward as the beginning of a grand scheme of emancipation ; and there is no calcula tion where that scheme is to end." Mr. Holman's motion to amend the amendment waa rejected ; and Mr, Wickliffe's araendment waa lost, — ayes 34, noea 84. IN TUB DISTRICT OP COLUMBIA, 77 Mr. Menzies (Union) of Kentucky moved to amend by striking out all after the enacting clause, and insert ing as follows : " That the chUdren of persons held to service for life in the District of Columbia, who may be born after the first day of May, 1862, shall be free ; and, at the' age of eighteen years, may assert their freedom against all persons. Any person who may be brought into said District after the first day of May, 1862, for the benefit of his or her owner or hirer, shall thereby become free. Any person who may deprive a person entitled to freedom, according to the first section of this act, of the power and means of asserting such freedom, shall be guilty of felony, and shall be punished, on conviction thfereof in any court of competent juris diction, by confineraent in the penitentiary not less than five nOr more than twenty years." The amendment was disagreed to. The comraittee, on motion of Mr. Stevens, rose ; and Mr. Dawes reported that the Committee of the Whole on the State of the Union had instructed him to report the bUl back to the House, without amendment. Mr. Stevens demanded the previous question ; and it was ordered, — yeas 92, nays 39. Mr. Holraan de manded the yeas and nays on the passage of the bUl. They were ordered ; and the question was taken, — yeas 92, nays 38. The bUl thus passed the House, and was approved by the President on the sixteenth day of April, 1862. By the enactment of this bill, three thousand slaves were instantly made for ever free, slavery made impossible in the capital of the United States, and the black laws and ordinances concerning persons of color repealed 7* 78 THE ABOLITION OP SLAVERY, ETC. and abrogated. The enfranchised bondmen, grateful for this beneficent act of national legislation, assembled in their churches, and offered up the homage and grati tude of their hearts to God for the boon of peraonal freedom. 79 CILAJPTER IV. THE PRESIDENT'S PROPOSITION TO AID STATES IN THE ABOLISHMENT OF SLA"VERY. the president's SPECIAL MESSAGE, — MR. ROSCOE CONKLING'S RESOLU TION, — MR, RICHARDSON'S SPEECH. — MR. BINGHAM's SPEECH. — MR. VOORHEES' SPEECH. — MR, MALLORY'S SPEECH, — MR, WICKLIFFE'S SPEECH, — MR. DI-TEN'S SPEECH. — MR, THOMAS'S SPEECH, — MR. RID DLE'S SPEECH. — MR, CRISFIELD'S SPEECH. — MR. OLIN'S SPEECH. — ME, CRITTENDEN'S SPEECH, — MR, FISHER'S SPEECH. — MR, HICKMAN'S SPEECH. — PASSAGE OF THE BILL IN THE HOUSE, — IN THE SENATE, THE RESOLUTION REPORTED WITHOUT AMENDMENT BY MR, TRUMBULL, — MR. SAULSBURY'S SPEECH, — MR. DAVIS'S AMENDMENT, — MR, SHER MAN'S SPEECH. — MR. DOOLITTLE'S SPEECH, — MR, WILLEY'S SPEECH, — MR. BROWNING'S SPEECH. — MR, m'dOUGALL'S SPEECH. — MR. POWELL'S SPEECH. — MB, LATHAM'S SPEECH. — MR, MORRILL'S SPEECH. — MR, HENDERSON'S AMENDMENT. — MR. SHERMAN'S SPEECH. — PASSAGE OF THB RESOLUTION. ON the fith of March, 1862, the President sent to Congress a special message, in which he said, " I recommend the adoption of a joint resolution by your honorable bodies, which shall be substantially as fol lows : — " Resolved, That the United States ought to co-operate with any State which may adopt gradual abolishment of slavery ; giving to such State pecuniary aid, to be used by such State in its discretion, to compensate for the inconveniences, public and private, produced by such change of system. " If the proposition contained in the resolution does not meet the approval of Congress and the country, there is the end ; but, if it does command such approval, 80 president's PROPOSITION TO AID STATES I deem it of importance that the States and people im mediately interested should be at once distinctly notified of the fact, so that they may begin to consider whether to accept or reject it. The Federal Govemment would find its highest interest in such a measure, as one of the most efficient means of self-preservation. The leaders of the existing insurrection entertain the hope, that this Government will ultimately be forced to acknowledge the independence of aome part of the disaffected region, and that all the slave Statea north of such part will then say, ' The Union for which we . have struggled being already gone, we now choose to go with the Southern section.' To deprive thera of this hope, substantially ends the Rebellion ; and the initiation of emancipation completely deprives them of it as to all the Statea initiat ing it. The point is, not that all the States tolerating slavery would very soon, if at all, initiate eraancipation, but that, while the offei: is equally raade to all, the more Northern shall, by such initiation, make it certain to the more Southern that in no event will the former ever join the latter in their proposed confederacy. . . . AVhile it is true that the adoption of the proposed resolution would be merely initiatory, and not within itself a prac tical measure, it is recommended in the hope that it would soon lead to important practical results. In full view of my great responsibiHty to my God and to my country, I earnestly beg the attention of Congress and the people to the subject." Mr. Stevens (Rep.) of Pennsylvania moved its refer ence to the Committee of the Whole on the State of the Union. On the 10th of March, Mr. Roscoe Conkling (Rep.) of New York asked leave to introduce a joint IN THE ABOLISHMENT OP SLAVERY. 81 resolution, " That the United States ought to co-operate with any State which may adopt gradual abolishment of slavery ; giving to such State pecuniary aid, to be used by such State in ita discretion, to compensate for the inconveniences, pubUc and.private, produced by such change of system." Mr. Ben. Wood (Dem.) of New York objected. Mr. ConkUng moved the suspension of the rules, to allow him to introduce the resolution, which was the exact resolution recommended by the President; and the rules were suspended, — yeas 86, nays 35. Mr. Grider (Opp.) of Kentucky remarked, that he had not decided whether he should vote for the resolution or not. Mr. Wadsworth (Opp.) differed from his col league : he was now ready to vote against the resolu tion. Mr. Conkling moved the previous question : lost, — ayes 61, noes 68. Mr. Richardson (Dem.) of lUinois opposed the resolution. His " people were not prepared to enter upon the proposed work of pur chasing the slaves of other people, and turning them loose in their midst." Mr. Bingham (Rep.) of Ohio said," This proposition interferes with no right of any State by intendment or otherwise." Mr. Wickliffe (Opp.) of Kentucky asked Mr. Bingham to teU him under "what clause of the Constitution he finds the power in Congress to appropriate the treasure of the United States to buy negroes, or to set them free." — " I took occasion in January last," replied Mr. Bing ham, " to reraind the House of the words of the Father of the Constitution, uttered in the hearing of the Usten ing nation when the Constitution was under consider ation for adoption or rejection, that the power conferred 82 president's proposition to aid states upon the National Legislature by the grant of the Con stitution, for the common defence, had no limitation upon it, express or implied, save the public necessity, and that their laws should not conflict with the general spirit and purpose of the Constitution ; viz. , the pro tection of the lives, liberty, and property of its loyal citizens. If the gentleman will pardon me, I beg leave to remind him again of the words of Madison, that ' it is in vain to oppose constitutional barriers to the impulse of self-preservation : it is worse than in vain.'" — "I have," declared Mr. Voorhees (Dem.) of Indiana, " taken my stand, in the name of the people I represent, against It. If there is any Border slave State man here who is in doubt whethet he wants hia State to sell its slaves to this Govemment or not, I represent a people that is in no doubt as to whether they want to become the purchasers. It takes two to make a bar gain ; and I repudiate, once and for ever, for the people whom I represent on thia floor, any part or parcel in auch a contract," Mr, Mallory (Dem.) of Kentucky wanted the reaolution postponed, to give the representa tives from the Border Statea an opportunity for consul tation, " We have," he said, " agreed on the time and the manner of consultation." Mr. Diven (Rep.) of New York " hailed the introduction of this resolution, coming aa it did from the Executive of the country, as a bow of hope and promise," Mr, Thomaa (Opp, ) of Maaaachusetts " intended to vote for the resolution ; but I do not understand, aa gentlemen seem to intimate frequently on the floor of this House, that the House is to follow the beck of the President, or any member of the Administration. It has its duties to discharge in THB ABOLISHMENT OP SLAVERY. 83 as well as the President. This House is to initiate a policy, and not the President of the United States ; it is to take the responsibUity as well as the President ; and therefore it is to discuss and deliberate before it decides or votes." Mr. Stevens said, "I have read it over ; and I confess I have not been able to see what makes one side so anxious to pass it, or the other side BO anxious to defeat it. I think it is about the most diluted, mUk-and-water-gruel proposition that waa ever given to the Araerican nation." On the llth of March, Mr, Wickliffe opposed the resolution and the policy of eraancipation. Mr. Diven appealed to the representatives of the Border States. " I ask," he said, " those raen of the Border States to come up and stand by us who are loyal to them, and who have testified to them our desire to maintain to them the possession of all their rights. Stand by the President, who has never had a thought of violating one of your constitutional rights. I appeal to these men ; I appeal to all who would rally round the Presi dent in his desire — in his honest, eamest desire — to bring this country out from this fiery ordeal unscathed, with every star upon her flag undiraraed." Mr. Biddle (Dem.) of Pennsylvania said, "Ifyou review this sub ject from the adoption of the present Constitution down to the present day, — and it is a review I do not intend to inflict upon the House at the present moment, — ifyou review the subject, you will find, that, while State action haa always been beneficent. Federal action has always been pernicious, exasperative, and, as I think, uncon stitutional," — "I concede, and it gives rae pleasure to concede," said Mr, Crisfield (Opp.) of Maryland, "that 84 president's PROPOSITION TO AID STATES the President of the United States, in making this offer to the country, is actuated by a apirit of patriotism, I can understand that he offers it to the people of the slave States to produce some harmony ori the agitating question of slavery, which has disturbed the whole country, I give him entire credit for honesty and good faith," Mr, Olin (Rep,) of New York inquired, " What is this resolution, in its whole scope and ex tent? Why, simply, that, if you gentlemen of the slave States are willing to get rid of slavery, the General Government will aid you to do it by giving you a com- penaation for any loss that you may sustain ; and, althpugh I am not worth much, God knowa I would divide my last crust of bread to aid our Southern friends to get rid of slavery, and let us live in peace and har mony together. I have not a great deal ; but, thank God I what there is of it has been earned by honest industry; and I would cheerfully divide it to aid you, gentlemen, in accomplishing that object. If these gen tlemen say, ' We cannot afford to make the sacrifice of manumitting our slaves,' the President says, ' Very well : the General Government wUl aid you to accom plish it.' That is the magnanimous, the great, the God-like policy of the Administration." Mr. Critten den (Opp.) of Kentucky opposed the resolution. "I avow my confidence," he declared, " in the integrity of the President, I avow my confidence in his purity of intention, I believe he means right ; and it affords me pleasure to concur with him in most of the measures recommended by him : but I regret that in thia my cori- sclence and judgment will not permit it, I believe the President would not, aa he aays he would not, interfere. IN THE ABOLISHMENT OP SLAVERY. 85 He would leave it to the choice of the States to eay whether they will enter upon the policy of emancipation or not ; but do not I know, that although the President wUl abstain from interfering, so far as he is concerned, there are many others, who, knowing it is a favorite policy of his, desiring themselves to be in his favor, would stir up an emancipation party in Missouri, in Maryland, and in Delaware, — I wUl not now speak of my own State, — simply from that motive ? " Mr. Fisher (Ind.) of Delaware declared his intention to vote for the resolution. Mr. Hickman (Rep.) of Pennsylvania said, " The resolution is rather a paUiative and caution than an open and avowed policy ; it is rather an excuse for non-action than an avowed deter mination to act. Neither the message nor the resolu tion is manly and open. They are both covert and insidious. They do not become the dignity of the President of the United States, The message* is not such a document aa a full-grown, independent man should publish to the nation at such a time as the pres ent, when positions should be freely and fully defined. , , . I know no great diversity of opinion among men whose interests are identified with slavery, I have never been able to discover a difference in views or feeUngs between a man from Maryland and a man from South Carolina or Alabama, I have found, wherever the negro is, there is an undivided loyalty to slavery; and every day's proceedings here show it, — conclusively show it. Every fair-minded raan cannot but admit it. The President knows it ; the Cabinet knows it ; and therefore the difficulty which the Presi dent has had for a long time in dealing with this Rebel- 86 president's proposition to aid states lion, Mr. Lincoln has found himself between two swords, — the sword of the party looking to a particu lar policy to be pursued towards a rebellion springing ¦ » from slavery ; and the aword in the handa of the Border States, who insist all the time that the war shall be prosecuted in such a way as to save their peculiar, divine, and humanizing institution." The question was taken on laying the resolution on the table, — yeas 34, nays 81. Mr, Wickliffe of Kentucky demanded the yeas and nays on the passage of the resolution, — yeas 89, nays 31, as follows : — Yeas, — Messrs, Aldrich, Amold, Ashley, Babbitt, Baker, Baxter, Beaman, Bingham, Francis P. Blair, Jacob B. Blair, Samuel S. Blair, Blake, William G. Brown, Buffinton, Campbell, Chamberlin, Clements, Colfax, Frederick A. Conkling, Roscoe Conkling, Conway, Covode, Cutler, Davis, Delano, Diven, Duell, Dunn, Edgerton, Edwards, Eliot, Ely, Fessenden, Fislier, Franchot, Frank, Gooch, Goodwin, Granger, Haight, Hale, Harrison, Hickman, Hooper, Horton, Hutchins, Julian, Kelley, Francis W. Kellogg, William Kellogg, Killinger, Lansing, Loomis, Lovejoy, M'Knight, M'Pherson, Mitchell, Moorhead, Anson P. Morrill, Justin S, Morrill, Nixon, Olin, Patton, Timothy G, Phelps, Pike, Pomeroy, Porter, Alexander H. Rice, John H. Rice, Riddle, Edward H, Rollins, Sargent, Shanks, Sheffield, Shellabarger, Sloan, Stratton, Train, Trowbridge, Van Valkenburgh, Verree, Wallace, Charles W. Walton, E, P. Walton, Whaley, Albert S. White, Wilson, Windom, and Worcester, — 89. Nays. — Messrs. Ancona, Joseph Baily, Biddle, Corning, Cox, Cravens, Crisfield, Crittenden, Dunlap, English, Harding, Johnson, Knapp, Law, Leary, Noble, Norton, Pendleton, Perry, Richardson, Bobinson, Shiel, John B, Steele, Francis Thomas, Voorhees, Wads worth, Ward, Chilton A. White, WiekUffe, Wood, and Woodruff, — 31. So the joint resolution passed the Iiouse of Represen tatives. In the Senate, on the 20th of March, Mr. Trumbull (Rep.) of Illinois, from the Committee on the Judiciary, to whom waa referred the joint resolution of the House IN THE ABOLISHMENT OF SLAVERY. 87 of Representatives, declaring that Congress ought to co-operate with, affording pecuniary aid to, any State which may adopt the gradual abolishment of slavery, reported back the joint resolution, with a recommenda tion that it pass. Mr. Trumbull asked the Senate to put the reaolution on its passage ; but Mr. Powell (Dem.) of Kentucky objected, and it went over under the rale. On the 24th, on motion of Mr. Trum buU, the Senate proceeded, as in Committee of the Whole, to consider the joint resolution of the House, declaring that Congress ought to co-operate with and afford pecuniary aid to any State which may adopt the gradual abolishment of slavery. Mr. Saulsbury (Dem.) of Delaware pronounced it to be " the most extraordinary resolution that was ever introduced into an American Congress ; extraordinary in ita origin ; extraordinary in reference to the source from whence it proceeds ; extraordinary in the object which it contemplates ; mischievous in its tendency : and I am not at aU sure that it ia anywise patriotic, even in its design." Mr. Davis (Opp.) of Kentucky moved an amend ment, as a substitute for the resolution, to strike out all after the word " that," and insert, " although the whole subject of slavery in the States ia exclusively within the jurisdiction and cognizance of the government and people of the States respectively having slaves, and cannot be interfered with directly or indirectly by the Govemment of the United States, yet, when any of those States or their people may determine to emanci pate their slaves, the United States wUl pay a reason able price for the slaves they may emancipate, and the 88 president's proposition to aid states cost of their colonization in some other country." Mr. Sherman (Rep.) of Ohio did "not see any substantial difference between the resolution framed by the Presi dent and the resolution as proposed by the senator from Kentucky ; but he should vote for it as framed by the President." — "I admit," replied Mr, Davis, that "the general principle both of the original reaolution and of the subatitute ia the same," Mr, Doolittle (Rep,) of Wiaconain aaid, " Aa I underatand it, the resolution auggeated by the President covers two ideas, — firat, emancipation by the Statea at their own pleasure, in their own way, either immediate or gradual ; and, sec ond, the idea of colonization, a thing believed to be necessary to go along side by side with emancipation by nine-tenths of the people of the States interested, and without which they declare emancipation impossible," Mr, WUley (Union) of Virginia " could not withhold the expression of his regret that the President has deemed it to be his duty to make such a proposition to Congress ; but be shoijld vote for it, not without hesi tation, not without deepest regret." Mr, Browning (Rep,) of lUinoia aupported the original resolution, Mr, M'DougaU (Dem,) of California denied " the right of the Senate to irapose upon the people on the shores of the Pacific a tax for the purpose of emanci pating the slaves of Kentucky, Missouri, or Maryland." — "I regard," said Mr. PoweU, "the whole thing, eo far aa the elave Statea are concemed, aa a pill of arsenic, sugar-coated." He thought the language of the Presi dent's message was very artfully and cautiously couched ; but the intimation waa in it, that, if we did not accept thia proposition, the Government would take our slaves IN THB ABOLISHMENT OP SLA-VERY. 89 anyhow. " I happened," he said, " a few nights ago, through curiosity, to go to the Smithsonian Institution, to hear a man of some distinction as an orator and lecturer in this country. I took my seat in the gallery ; and there I heard this man, Wendell PhUlips, for half an hour ; and he distinctly announced, after eulogizing the President very highly fijr this message, that the interpretation of It was simply saying to the Border slave State men, 'Gentlemen, if you do not take this, we wiU take your negroes anyhow,'" — "I am," said Mr, Latham (Dem.) of California, "very free to Say, that I believe the motive which prompted the sending of this resolution by the President to Congress to be a proper and patriotic one ; . , , but I am not prepared, as a representative of one of the States on the Pacific coast, to pledge the people thereof to subrait to any kind of taxation that the Govemment may see fit to impose in a general scherae of emancipation," — "I am," said Mr. Morrill (Rep.) of Maine, "greatly sur prised at the course of this debate. I had supposed it was possible for somebody In some way to aUude to the subject of slavery, without eliciting indignation, or without rendering it a subject for discussion, for lati tudinarian discussion, for discussion in various direc tions, for discussion in which gentlemen must think it necessary to define their positions. , , , I cannot con ceive that such a proposition as that is offensive, or can possibly be offensive, to any man or any class of men who have not made up their minds, that, above all things, — Constitution, country, every thing, — thoy hold slavery to be supreme. They will stand on that, no matter what becomes of the country. They will not 8* 90 president's PROPOSITION TO AID STATES only resist all legislation on the subject, but they wiU treat with scorn and contempt every invitation to con sider the subject. That is the attitude in which senators place themselves here. They are indignant that the President of the United States proposes that these States in their own way shaU consider whether it is not expedient to get rid in the future of the cause of our present troubles." The question waa taken on Mr. Davis's amendment ty yeas and nays, — yeas 4, nays 34. On the 27th, Mr. Henderson (Unidn) of Missouri offered an amendment, to insert at the end of the reso lution the following proviso : " That nothing herein contained shall be construed to imply a willingness on the part of Congreaa that any of the Statea now com posing the Union shall be permitted to withdraw per manently their allegiance to the Govemment; but it is hereby declared to be the duty of the country to prosecute the war until the Constitution shall have been restored over every State professing to have acceded." Mr. Henderson advocated his amendment, and avowed his intention to vote for the resolution. " I regard it," he said, " aa no insult to the people of my State ; I regard it as no threat : but I regard it aa a measure that is conciliatory, and looks to the future peace and harmony of the country, and to the early restoration of the Union. If this spirit had been more largely culti vated in days gone by, we would not this day be forced to witness a ruined South and a deeply oppressed North. Why, sir, ninety-six days of this war would pay for every slave, at full value. In the States of Kentucky, Missouri, Maryland, Delaware, and the District of IN TIIE ABOLISHMENT OP SLAVERY. 91 Columbia." Mr. Henderson's amendment was re jected, Mr. Sherman, on the 2d of AprU, made an elaborate speech in favor of the joint resolution, and of the abo lition of slavery in the District of Columbia, and in favor of enacting "the most rigid law of confiscation against the leaders of the Rebellion." The joint resolution was ordered to a third reading ; and waa read the third time, at length, as foUows : "Resolved, i&c. That the United States ought to co operate with any State which may adopt the gradual aboUshment of slavery ; giving to such State pecuniary aid, to be used by such State in its discretion, to com pensate for the inconveniences, pubUc and private, pro duced by such change of system," Mr, Saulsbury called for the yeas and nays on the passage of the resolution, and they were ordered ; and, being taken, resulted — yeas 32, nays 10 — as fol lows : — Yeas. — Messrs. Anthony, Browning, Chandler, Clark, Collamer, Davis, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, Hale, Har lan, Henderson, Howard, Howe, King, Lane of Indiana, Lane of Kansas, Morrill, Pomeroy, Sherman, Sumner, Ten Eyck, Thomson, Trumbull, Wac|e, Wilkinson, Willey, Wilmot, and Wilson of Massa chusetts, — 32. Nays. — Messrs, Bayard, Carlile, Kennedy, Latham, Nesmith, PoweU, Saulsbury, Stark, Wilson of Missouri, and Wright, — 10. So the joint resolution was passed in the Senate, and received the approval of the President on the 10th of AprU, 1862. 92 CHAPTER V. THE PROHIBITION OF SLAVERY IN THE TERRITORIES. MR. ARNOLD'S BILL. — MB. LOVEJOY'S REPORT, — MOTION TO LAY THE BILL ON THE TABLE. — MR. LOVEJOY'S SUBSTITUTE, — REMARKS OF MB, COX. MR. DIVEN, — MR. OLIN, — MB, CRISFIELD, MB. KELLEY. MR. SHEFFIELD, MR. STEVENS. — MR, THOMAS, — MB. BINGHAM. — MB. FISHER, — PASSAGE OF TBE BILL IN THE HOUSE. — IN THE SENATE. — ME. BROWNING'S REPORT. MR. BROWNING'S AMENDMENT. — MR. CAELILE'S SPEECH, — MR. WADE'S SPEECH — PASSAGE OF THE BUX AS AMENDED. — AMENDMENT OF THE SENATE CONCURRED IN. NO question during the existence of the Republic of the United States has excited so intense arid pro found an interest as the question, whether freedom or slavery should predominate in the Territories. The vast extent of the territorial possessions of the United States, the power of the rising commonwealths upon the desti- niea of the nation, made their territorial condition one of intense solicitude alike to the friends and enemies of slavery. Freedom and slavery have often contended for ascendency in the Territories. In these oft>-repeated contests, the aentlments and opinions, the interests and passions, of vast sections have been deeply aroused, and the whole nation stirred to its profoundest depths. In these struggles, the slaveholding interests were accus tomed to win decisive victories ; but, in 1860, the advo cates of the freedom of the Territories achieved a national triumph in the election of a President fully and unre servedly pledged to their policy. THE PROIUBITION OP SLAVERY, ETC. 93 In the House of Representatives, on the 24th of March, 1862, Mr. Arnold (Rep.) of Illinois introduced a biU to render, freedom national, and slavery sectional ; which was read, and referred to the Committee on Ter ritories. On the 1st of May, Mr. Lovejoy (Rep.) of BUnois reported from the Coramittee on Territories Mr. Arnold's bUl to make freedom national, and slavery sectional; which was read, recommitted to the Com mittee on Territories, and ordered to be printed, Mr. Lovejoy, on the 8th of May, from the Committee on Territories, reported it back, with an amendraent to the title, and with the recoraraendation that it pass the biU ofthe House, to render freedom national, and slavery sectional; and moved the previous question upon ita engrossment and third reading. It provided, that to the end that freedom may be, and remain for ever, the fun damental law of the land in aU places whatsoever, so far as it lies within the powers or depends upon the action of the Government of the United States to make it so, slavery and involuntary servitude, in all cases whatsoever, ahall henceforth cease, and be prohibited for ever, in all the following places : 1. In all the Terri tories of the United States now existing, or hereafter to be formed or acquired in any way. 2. In all places purchased or to be purchased by the United States, with the consent of the Legislatures of the several States, for the erection of forts, magazines, arsenals, dock yards, and other needful buildings. 3. In all vessels on the high seas, and on aU national highways, beyond the territory and jurisdiction of each of the several States from which or to which the said vessels may be going. 4. In all places whatsoever where the National Govern- 94 THE PROHIBITION OP SLAVERY ment is supreme, or has exclusive jurisdiction or power. The biU further provided, that any person now held, or attempted to be held hereafter, as a slave in any of the places above named, ia hereby declared to be free ; and that the right to freedom hereby declared may be asserted in any of the courts of the United Statea or of the several States, in behalf of the party, or hia or her pos terity, after any lapse of time, upon the principle that a party once free ia alwaya free. Mr. Cox (Dem.) of Ohio moved that the bill be laid upon the table ; upon which motion Mr. Washburn (Rep.) of BUnois demand ed the yeaa and naya, and they were ordered, — yeaa 50, naya 64. On motion of Mr. M'Knight (Rep.) of Pennsylvania, the House adjourned. On the 9th of May, the Speaker announced as the apeclal order of the day, the bUl prohibiting slavery in the Territories. Mr. Lovejoy withdrew his demand for the previous question, and offered a substitute for the pending bUl. The bUl provided that slavery, in aU cases whatsoever, shaU henceforth cease, and be prohib ited for ever. In aU the following places ; namely. First, In aU the Territories of the United Statea now exiatlng, or hereafter to be formed or acquired in any way. Second, In aU places purchaaed or to be purchaaed by the United States, with the conaent ofthe Legislatures of the several States, for the erection of forts, maga- zinea, arsenals, dock-yards, and other needftd buUdings, and in which the United States have or ahall have exclu sive leg-islative jurisdiction. Third, In all vessels on the high seaa beyond the territory and juriadiction of af each of the several States from which or to which the said vessels may be going. Fomth, In aU places m THE TERRITORIES. 95 whatsoever where the National Govemment has exclu sive jurisdiction. That any person now held, or at tempted to be held hereafter, as a slave in any of the places above named, is dfeclared to be free ; and the right to freedom may be asserted in any of the courts of the United States or of the several States, in behalf of the party, or his or her posterity, after any lapse of time. Mr. AUen (Dem.) of lUinois moved that the biU be laid upon the table, — yeas 50, nays 65. Mr. Olin (Rep.) of New York desired to amend and debate it, Mr. Lovejoy withdrew the demand for the previous question, and moved to amend his substitute by striking out these words, "and aU national high ways," " That," he said, " relieves the bill from some of the objections which have been brought against it by some gentlemen who are friends of the blU," Mr. Lovejoy moved the previous question, to test the sense of the House, whether the biU should be discussed or not. The House decided, — ayes 42, noes 61, Mr, Lovejoy then moved to recommit the blU. " I do not," he said, " propose at present to enter at any length into the discussion of this bUl, It is in accordance with the uniform policy of the Government on its organization to prohibit the crime of slavery in the Territories, From the result of the vote just taken, I suppose there are gentlemen here who wish to discuss it ; and re serving to myself the right, if I shall think it necessary, to resume the floor before the debate shall close, I now give way to any one who may desire it," — "I move," said Mr. Cox of Ohio, " to add to the motion to recom mit instructions, that neither this bUl nor any similar biU shall be reported back to the House. I believe it 96 THE PROHIBITION OP SLAVERY to be a suicidal bill, — a bill for the benefit of secession and Jeff. Davis. The army and the people are against all such aids to the enemy of the country. The con servative men of the House have the power, and ought to ' squelch ' out the whole negro business. They are responsible for thia continuous agitation. From the very commencement of the session, we have had these bills before us in one shape or another, postponed from time to time, and delayed by dilatory motions and adjournments. Now, I want to see the conservative element of the House, if there is any such thing left here, come up and vote thia thing right down, I there fore hope the House will send this back to the com mittee ; and, in sending it back to the committee, let us give It such a death-blow as wUl destroy all similar measures." Mr. Wickliffe (Dem.) of Kentucky aug geated to Mr. Cox to recommit, with instructiona " not to report It back untU the next aesaion, during the cold weather," Mr, Cox moved to recommit the bill, with instructions " to report it back at the next seaaion, on the very last day," Mr. Diven (Rep.) of New York " wanted Congress to exhaust the last power it has over this institution, whenever and wherever it can be done." Mr. Wickliffe quoted at length " the deciaion of Justice Story on the righta of alavery, fi)r the bene fit of the country people." Mr. Diven was of opinion, that " when we acquire land for the purpose of a navy- yard, and exclude the States ceding that land from any civU jurisdiction over it, we take it with the right to control it as we please." Mr. Thomas (Opp.) of Mas- aachuaetts called the attention of Mr. Diven to the law of 1795, by which the civil jurisdiction is given to the IN THE TERRITORIES. 97 States over cessions made to the General Government. Mr. Diven wanted to free the bill of aU ambiguity, "and let the operation of the law extend nowhere except where slavery may exist by virtue of the Consti tution and laws of the United States ; and I repeat, as I have 80 often done already, but I -wish to be em phatic, that, if such a spot exists upon the broad earth, let us exercise the power to aboUsh slavery." Mr. Cox modified his motion by moving to postpone the biU till the first day of the next session, instead of the last. Mr. Amold of Illinois advocated the bUl and all ita provisions. Mr. OUn of New York and Mr. Kellogg (Rep.) of lUInois objected to portions of the biU concerning the prohibition of slavery in the dock yards, arsenals, and forts. Mr. Olin would "be as glad as any one to see the institution of slavery at least so crippled, that it will never henceforward be a disturbing cause in the administration of the Govern ment. I, for one, will not consent to step an inch beyond the plain guaranties of the Constitution to accompUsh even that purpose. Our only justification in the eyes of the civUized world for this warfare going on in our midst is, that we stand here, in obedience to law, in defence of the Constitution and law ; and the moment we lay aside that shield of protection, and pros ecute this war for other purposes, whatever result may be wrought out by tne prosecution of the war, it would be a wicked war. It would be, on every principle of Christianity, an unjustifiable war. ¦ Our only defence before God, posterity, and the world, is that we fight in defence of the laws, not for their subversion. The wickedness of this Rebellion consists not in the fact 9 98 THE PROHIBITION OF SLA-VERY that It Is treason, always held to be a crime all the world over. Its chief enormity consists in the fact, that it is treason against such a Government aa this, based on the common conaent of the governed, with provision in the fundamental law to alter, change, or modify that Government in a peaceful way and by forms of law. If such a Governinent can be overthrown by force and violence, there is an end to all government except that of despotism and the sword. Hence it is, that rebellion against such a Government as this is of a deeper and more damnable dye. than any other that hag yet stained the annala of history." "I denounce this- bill," said Mr. Crisfield (Opp.) of Maryland, " as a palpable violation of the rights of States, and an unwarrantable interference with the rights of private property. I denounce it as a fraud upon the States which have made cessions of land to this Government, a violation of the Constitution, and a breach of the pledges which brought the domi nant party into power. I denounce it as an usurpation and a tyrannical exercise of power, destructive of the peace of the country. Sir, I denounce it in this House, and to the American people. I denounce it before the civUized world. I declare that those who seek to accomplish the great wrong this bill perpetrates seek the ruin of all constitutional government on this continent, and are the foes of regulated liberty every where." — "What is this institution of slavery," asked Mr. Kelley (Rep.) of Pennsylvania, "that it should claim our special regard and care ? How has it blessed us, and what measure of gratitude do we, owe it? Sir, it ia saturating every acre of Southem land with the IN THB TERRITORIES. 99 best blood of the North. It is filling our vUlages and towns with widows and orphans. The naraes of the marshes and barren fields of the slave States are sanc tified to tens of thousands of Northem mothers and wives as the places of the rude burial of the tom and mangled reraains of their loved ones. Tens of thousands bf those, who, approaching manhood, were warmed by generous hope and just ambition, and upon whom widowed mothers or aged fathers hoped to lean in their declining years, will move through our streets the mutUated victims of the system of slavery. The scars and wounds of these brave youth wiU bear honorable testimony to their devotion to constitutional law, and proclaira to the coraing generation the char acter and the cause of the war in which they were received. The Rebellion is the result of slavery, and foUowa naturally enough a defeated attempt to over throw by enigmatical legislation and judicial chicanery the well and long settled laws, principles, and habits of the land. I say, therefore, that in the interest of future peace, and in the interest of freedom and justice, we are called upon to pass this bill. The Constitution does not create it ; the Constitution does not in terms recognize it : it only tolerates it ; and this law does not propose to interfere with that toleration. It does not propose to abolish slavery anywhere. ' It only proposes to say to the slave-owner, "Keep your slaves out of these places as employes: do not interfere with the system of free labor, and attempt to force tho free mechanic into companionship with your slaves, or we will protect his dignity and interests by making free men of your instruments.' " Mr. Fessenden (Rep.) of 100 THE PROHIBITION OF SLAVERY Maine declared, that, " when this Union is restored, we want to see the righta of the North guaranteed to ua as well as the rights of the South guaranteed to them." Mr. Sheffield (Dera.) of Rhode Island had no tender ness with reference to this matter of slavery. " I aay here, now, and always, I hate that institution. I think that freedom is the common law of the Territories, and that nothing but positive law can carry slavery there-; and we might aa weU here undertake to re-enact the Decalogue aa to enact thia law." Mr. Stevena (Rep.) of Pennaylvania said, "This biU proposes that there shall be no slavery hereafter in the navy and dock yards of the United States, or in any other places where the United States have exclusive jurisdiction. Now, every argument which can be used against this bUl would apply with equal force against the biU which we have lately passed, and which has received the sanction of the Executive, abolishing slavery in the District of Columbia. I cannot possibly see how any gentleman, who. could not possibly see a constitu tional objection in the one case, can see it in the other." Mr. Thomas of Massachusetts asked Mr. Stevens " to call to mind the fact, that the bill for emancipation in the District of Columbia provided a reasonable com pensation, while this bill provides none whatever."' — " I did not," repUed Mr. Stevens, " suppose, indeed I have hardly heard, that anybody doubted the power of Congreaa to aboliah alavery in the Diatrict of Columbia, without compenaation." Mr. Thomas called the atten tion of Mr. Stevens " to the fifth of the amendmenta to the Constitution, which providea that private property eholl not be taken for public use, without just oompen- IN THB TEHRITORIBS. lOl sation." Mr. Stevens did not know "that the gentle man held that doctrine. It is so rare a doctrine in the free States, that I did not know that any one from that quarter held it. I supposed, in reference to the ques tion of slavery, that, wherever the Government had eicluslve power, they had the right to do with it as the States did with it, — aboUsh it, without compensation. Does any man doubt that the States have that right ? " — "Yes, sir," repUed Mr. Thomas. "Then," said Mr. Stevens, "there is one doubter that will not be damned for that." Mr. Wickliffe asked, "Where has slavery been aboUshed without Compensation?" Mr. Stevens answered, " In Pennsylvania, in New York ; and he thought Massachusetts had never raade any compensatiob. ... I do not beUeVe," h6 said, "there is any man from the free States, except the gentleriian from the Boston district, who ever doubted that the legislative power of any locaUty, where they have the exclusive jurisdiction, have the right to abolish slavery, without compensation '. and this is the first time I ever heard the opposite idea suggested by a man from a free State, and I tmst in God it is the last ; for it is no credit to a free State to entertain such an idea." — " To whom," asked Mr. Hooper (Rep.) of Massachusetts, "does the gentleman refer as 'from the Boston dis trict'?" Mr. Stevena replied, "I carried him as near Boston as I could ; for I did not like to say from the Quincy district, for that wojdd seem such a humiliation ! " Mr. Thomas said, "The gentleman need not trouble himself about that. The position is this : that if the law of this District, as it existed at the time of the pas sage of that biU, recognized a right in a person which 9* 102 THE PROHIBITION OP SLA-VERY was capable of valuation, then the provision of the Constitution to which I have referred applies ; and you could not have taken that property, if it is property, or that right which is capable of computation, without furnishing that just compensation." Mr. Bingham (Rep.) of Ohio said that the bUl abol ishing slavery in the District " showed conclusively upon its face that it waa a matter of pure election upon the part of the United Statea what compenaation they should give, or whether they should give any at all ; and for this reason it was that Congress gave a gratuity, graduating the amount so that it should not exceed in the aggregate three hundred dollars each. No one knows better than the learned gentleman from Massa chusetts, that such legislation as that, under the general provision of the Constitution which protects property, is absolutely inadmissible. The Congress of the United States cannot be the judge of the value under that clause of the Constitution at all, and it never was." Mr. Stevens declared " that the Uberation of slaves in any locality where any legislature has exclusive jurisdic tion ia a political question, and it is a question of the organization of society, and in no sense of the word the taking of private property. It is a police and a political question, which the supreme legislature of any locality has a right to decide as it chooses ; and to say that that is not constitutional, is to inaugurate a new, a strange, and an awful doctrine, especially to come from the district of the sage of Quincy." — "WUl the gen tleman allow me," said Mr. Thomas, " to say that the sage of Quincy to whom he alludes, and for whom hia respect is npt more profound than mine, affirmed, when IN TUB TERRITORIES. 103 he was at Ghent negotiating the treaty of peace, in his correspondence with the British commissioners, not only that there was property in slaves, but that the effort of the British officers and soldiers to seduce slaves from their masters was in violation of the laws of nations? And I wUl say further, that Mr. Adams never voted for the emancipation of slaves in the District of Colurabia, though his very hurable successor felt it his duty to do ao." — "'The sage of Quincy,'" repUed Mr. Stevens, "has declared morc than twenty times, and half that number of times witliin ray hearing, the entire compe tency of Congress to abolish slavery, wherever Con gress has exclusive jurisdiction, without compensation." — "Within your hearing?" inquired Mr. Thomaa. "I have often," replied Mr. Stevens, "heard him make the declaration; and I have heard Henry Clay make the same declaration." — "I can only," said Mr. Thomas, "say that Mr. Adams's entire public record Is to the contrary," Mr, Roscoe ConkUng (Rep.) of New York remarked, that, " about a week ago, this House, with great una nimity so far as this side of the House is concerned, upon deliberation, raised a select committee, and to that comraittee committed this very subject, — this whole subject of confiscation and emancipation everywhere -within the jurisdiction of the United States, I under stand that committee is now ready to report. My sug gestion is, that, that committee being nearly ready to give an account to the House of its stewardship, — quite ready, some gentleman says, — it would be well, perhaps courtesy toward them, to commit this bill to that committfee, and let it re-appear, if it is to appear 104 THE PROHIBITION OP SLAVERY at all, when they shall have given us their work, and we have an opportunity to see whether this present pur pose Is within the scope of the two bills which I under stand they mean to report." Mr. Fisher (Union) of Delaware took the floor, and the House adjourned to Monday, the 12th of May, when it resumed the con sideration ofthe bill. Mr. Fisher said, "I am eure there is no man in this House who can possibly desire more than I do to see our country rid of the great curse of slavery. No man is more profoundly penetrated with the conviction, that It would have been far better for the harmony of our Union, as weU as for the welfare and prosperity of the States, if slavery had never been known among us. It is hardly necessary at this day to discuss these points. The terrible and exhausting civU war in which we are now engaged will tell to fiiture generations the sorrowful story of the effect of the institution upon the peace and harmony of our Union. Sad and satisfactory proof may also be found in the debates even of the Continental Congress, which de clared the independence of the United Colonies, that the great and almost the only trouble the patriots of that immortal body had to meet waa just auch an one aa we, their descendants, are engaged in discuaaing here from day to day. The Ink with which the Declaration of Independence waa written had acarcely dried, when, upon the question as to how the taxea necessary to maintain it should be levied, the subject of slavery came up to trouble and distract the national councils. It stood with defiant boldness upon the very threshold of the hall in which waa debated and adopted the old Arti cles of Confederation in 1783 ; and again in 1787, IN THE TERRITORIES, 105 when the framers of our present form of government, intended for a more perfect Union of the States, assem bled at AnnapoHs, its ghastly form again stalked in to disturb and distract the deliberations of those good and great raen ; and, frora that day to the present, this evU genius of our destiny has from tirae to time returned to embarrass and impede our onward progress in power, and to position araong the nations of the earth, untU now it has culminated in the production, in the freest and best Government the world ever knew, of the most gigantic, causeless, and wicked Rebellion of which his tory furnishes any record." Mr. Lovejoy modified his substitute, so that it read, — "To" the end that freedom: may be and remain for ever the fundamental law of the land in 'all places whatsoever, so far as it Hes within the powers or depends upon the action of the Government of the United States to make it so, there fore — "Be it enacted hy the Senate and House of Representatives of fhe United States of America in Congress assembled. That slavery or involuntary servitude, in all cases whatsoever (other than in the punishment of crime, whereof the party shall have been duly convicted), shall henceforth cease, and be prohibited for ever, in all the Territories of the United States now exist ing, or hereafter to be formed or acquired in any way." Mr. Cox moved to lay the bUl on the table. Mr, Lovejoy demanded the yeas and nays ; and they were ordered, — yeas 49, nays 81, The substitute was then agreed to, Mr. Lovejoy moved to amend by striking out the prearable, on which he caUed the previous ques tion. Mr. Cox " would Uke to amend that by inserting 106 THE PROHIBITION OF SLAVERY the words, 'to carry out the Chicago Platform, and to dissolve the Union.' " The amendraent striking out the prearable waa agreed to ; and the bill was ordered to be engroased, and read a third tirae. Mr. Lovejoy moved the previoua queation on the passage of the bill ; and it waa ordered. Mr. Allen of Illinois demanded the yeaa and naya on the passage of the bill. The question waa taken ; and it was decided in the affivmative, — yeaa 85, naya 50, — aa foUowa : — Yeas. — Messrs, Aldrich, AUey, Amold, Ashley, Babbitt, Baker, Baxter, Beaman, Bingham, Francis P, Blair, Samuel S, Blair, Blake, Buffinton, Campbell, Chamberlin, (Jlark, Colfax, Frederick A. Conk ling, Roscoe Conkling, Cutler, Davis, Dawes, Delano, Diven, Duell, Dunn, Edgerton, Edwards, Eliot, Ely, Fenton, Fessenden, Franchot, Frank, Gooch, Granger, Hale, Harrison, Hickman, Hooper, Horton, Hutchins, Julian, Kelley, William KeUogg, Lansing, Loomis, Lovejoy, M'Kniglit, M'Plierson, MitcheU, Moorhead, Anson P. Morrill, Justin S. Morrill, Olin, Pike, Porter, Potter^ Alexander H. Rice, John H, Rice, Riddle, Edward H, RoUins, Sargent, Sedgwick, Shanks, Sheffield, Shellabarger, Stevens, Stratton, Benjamin F, Thomas, Train, Trimble, Trowbridge, Van Horn, Verree, WaU, Wallace, Charles W. Walton, E. P, Walton, Washburne, Wheeler, Albert S. White, WUson, Windom, and Worcester, — 85. Nats, — Messrs, Allen, Ancona, Joseph Baily, Biddle, Jacob B. Blair, George H. Browne, WilUam G, Brown, Calvert, Casey, Cle ments, Cobb, Cox, Cravens, Crisfield, Crittenden, Dunlap, English, Grider, Haight, HaU, Harding, Holman, Johnson, Kerrigan, Knapp, Law, Lazear, Leary, Lehman, MaUory, Maynard, Menzies, Morris, NoeU, OdeU, Perry, John S. Phelps, Richardson, Robinson, Segar, John B. Steele, WUliam G. Steele, Francis Thomas, Vibbard, Voor hees, Wadsworth, Ward, Webster, Wickliffe, and Woodruff, — 50. So the bUl was passed by the House of Represen tativea. Mr. Lovejoy moved to amend the title by striking it out, and inserting in Ueu thereof as follows : "An act to secure freedom to aU persona within the Territories of the United Statea ; " and thia amendment waa agreed to. IN THB TERRITORIES. 107 In the Senate, on the 15th of May, Mr. Browning (Rep.) of lUinois, from the Committee on Territories, to whom was referred the biU to secure freedom to aU persons within the Territories of the United States, reported it -with an amendment. On the ninth day of June, Mr. Wade (Rep.) of Ohio moved to take up the bUl from the House prohibiting slavery in the Territories. Mr. M'Dougall (Dem.) of California demanded the yeas and nays, — yeas 20, nays 15. So the motion was agreed to ; and the Senate, aa in Committee of the Whole, proceeded to Consider the biU to secure freedom to aU persons within the Territories of the United States. The Committee on Territories reported the biU with an amendment, to strike out aU after the enacting clause, and to insert the foUowing in Ueu thereof: " That, from and after the passage of this act, there shaU be neither slavery nor involuntary servitude in any of the Territories of the United States now existing, or which may at any time hereafter be formed or acquired by the United States, otherwise than in punishment of crimes, whereof the party shall have been duly convicted." The amendment was agreed to, the bUl was reported to the Senate aa amended, and the amendment waa concurred in. Mr. CarUle aaid, "I should Uke to make an inquiry of those who have this bUl in charge, whether this bUl wUl interfere vrith the right of the Indians in the Indian Territory to their slaves. I have been looking into the treaty stipulations with the Choctaws and Seminoles and other tribes that are settled now in what we call the Indian Territory, and thoso treaties expressly se cure to the Indians the entire legislative control of that 108 THE PROHIBITION OP SLAVERY country. I euppose it is not the intention of the Senate to violate any treaty stipulations with the Indian tribes." Mr, Wade did " not intend to say that it would interfere with an unorganized Territory belonging to tho United Statea, It doea not interfere with them now; but whenever a Territory of the United Statea ia organized there, then I have no doubt this bUl, if it should become a law, would prohibit slavery in that Territory, In my judgment, it would not interfere with any of their righta there now." The amendment waa ordered to be en groased, and the bUl to be read a third time. It was read a third time ; and ori the question, " ShaU the bUl pass ? " Mr. Carlile caUed for the yeas and naya, and they were ordered; and, being taken, resulted — yeas 28, nays 10 — aa foUowa : — Yeas. — Messrs. Anthony, Browning, Chandler, Clark, CoUamer, Cowan, Dixon, Fessenden, Foot, Foster, Grimes, Hale, Harlan, Harris, Howard, Howe, King, Lane of Indiana, Pomeroy, Rice, Simmons, Sumner, Ten Eyck, TrumbuU, Wade, Wilkinson, Wilmot, and WUson of Massachusetts, — 28. Nats. — Messrs, CarlUe, Davis, Kennedy, Latham, M'DougaU, Nesmith, Powell, Saulsbury, Stark, and Wright, — 10. So the bill was passed in the Senate. In the House of Representativea, on the 17th of June, the bUl waa taken up, and Mr. Lovejoy moved the pre vious question on concurring in the amendment of the Senate. The previoua queation waa seconded, and the yeas and nays ordered on motion of Mr. Phelps (Dem.) of Missouri. The question was taken on con curring in the Senate amendment, — yeas 72, nays 38. So the Senate amendment, reported by Mr. Browning from the Committee on Territories to the House bUl originaUy introduce^ by Mr. Arnold, and reported with IN THB TERRITORIES. 109 amendments by Mr. Lovejoy from the Committee on Territories, was concurred in. The bUl passed, and was approved by the President on the 19th of June, 1862. This act prohibits for ever slavery in all the territory of the United States now existing, or that may hereafter be acquired ; thus closing for ever the long contest be twen freedom and slavery for the vast Territories now in possession of the United States. 10 110 CHAPTER VI. CERTAIN SLAVES TO BE MADE FREE.' MR. FOMEROY'S bill, — MR. TRDMBCLL'S bill. — MR. MORRILL'S JOINT RESOLUTION, REPORT OP THE JUDICIARY COMMITTEE, — MB. SUM NER'S AMENDMENT. — MR. SHERMAN'S AMENDMENT. — REMARKS OP MK. WILLEY. — MR, HALE'S REPLY. MR, HARRIS'S AMENDMENT. REMARKS OF MR, HOWARD. — MR. COLLAMER'S AMENDMENT. — MOTION TO REFER TO A SELECT COMMITTEE, — REMARKS OF MR. WILMOT, — MR, WILSON'S AMENDMENT. — MR, COLLAMER. — MOTION TO REFER TO A SELECT COMMITTEE BY MR, CLARK, — REMARKS OP MR. HALE, — MB. WILSON'S REPLY. — SELECT COMMITTEE, — MR. CLARK'S EEPORT. — MR. SUMNER'S AMENDMENT. — MR, DAVIS'S AMENDMENT. — MR. saulsbury's amendment, — MR, Wilson's amendment, — me. clark's AMENDMENT. — MR, SUMNER'S AMENDMENT. — PASSAGE OF TH'E BILL. — HOUSE, — MR, ELIOT'S RESOLUTION. — MB. ROSCOE CONKLING'S AMEND MENT. — MR. CAMPBELL'S RESOLUTION. — MR, STEVENS'S RESOLUTION. — MB. CONWAY'S RESOLUTION. — BILLS KEFEKEED TO JUDICIARY COM MITTEE. — MB, HICKMAN'S REPOKT.— MR, BINGHAM'S SUBSTITUTE, — MR. porter's AMENDMENT. — MB, ELIOT'S EEPORT, — BILL DEFEATED. RECONSIDERATION. — RECOMMITTED ON MOTION OF MB. PORTER, REPORTED BACK BY MR. ELIOT. — MB, CLARK'S AMENDMENT. SEN ATE AMENDMENT LOST IN THE HOUSE, — SENATE CONFERENCE COM MITTEE. — HOUSE CONFERENCE COMMITTEE. — REPORT OF CONFERENCE COMMITTEE, — MR. CLARK'S SENATE AMENDMENT ADOPTED. THE Thirty-seventh Congress assembled on the 4th of July, 1861. In the Senate, on the 16th, Mr. Pomeroy (Rep.) of Kansas introduced a bill "to sup press the Slaveholders' Rebellion." Thia bill aet forth that slavery had culminated in a formidable Rebellion ; that it presented to the nation the great question, which it must settle now, and settle for ever, whether Ameri can alavery shall die, or American freedom ahall live ; CERTAIN SLAVES TO BE MADE FREE. Ill that by virtue of the Constitution, and as a great mili tary necessity, it be enacted that there shaU be no slavery in any of the States that claim to have seceded frora the Govemment, and are in open and armed resistance to the laws and Constitution of the United States. The bUl was read t-wice, and ordered to Ue on the table and be printed. On the 5th of December, 1861, Mr. Trumbull (Rep.) of Illinois introduced a biU, which provided that the slaves of persons who shaU take up arms against the United States, or in any manner aid or abet this Rebel Uon, shall be discharged from service or labor, and become for ever thereafter free, any law to the contrary notwithstanding. In presenting his biU, Mr. Trumbuli said, " The right to free the slaves of rebels would, be equaUy clear with that to confiscate their property gen erally ; for it is as property that they profess to hold them : but, aa one of the moat efficient meana for attain ing the end for which the armies of the Union have been called forth, the right to restore to them the God-given Uberty of which they have been unjustly deprived is doubly clear. It bnly^remains to inquire, whether, in making use of la-wful means to crush this wicked RebeUion, it is poUcy to confiscate the property of rebels, and take from them the support of unrequited labor. Can there be a question on this point ? Who does not know that treaaon has gained strength by the leniency with which it haa been treated? We have daUied with it quite too long already. Instead of being looked upon as the worst of crimes, — as it really is, — it has come to be regarded as a trivial ofience, to bc atoned for by a promise to do so no more. The despoil- 112 CERTAIN SLAVES TO BE MADE FREE. ers of loyal citizens, the conspirators against the peace of a nation, the plunderers of the public property, the assassins of liberty, when they have fallen into our hands, have been suff'ered to escape on taking an oath of allegiance which many have not scrupled to violate on the first opportunity. On the llth of December, Mr. MorrUl (Rep.) of Maine introduced a joint resolution to confiscate the property of rebels, and satisfy the just claims of loyal persons. This joint resolution provided that any and all claim or right of a person, who shaU conspire with others to overthrow, put down, or destroy by force, the Government of the United States, to the labor of any other person under the laws of any State or Terri tory, shall be declared to be annulled, any law or usage of any State or Territory or of the United States to the contrary notwithstanding. Mr. Morrill's resolution was read twice, referred to the Judiciary Committee, and ordered to be printed. Mr. Trumbull, Chairman of the Judiciary Committee, to which the bUl he had introduced was referred, reported it back on the 15th of January, 1862. On the 25th of Febru ary, the Senate, on motion of Mr. Trumbull, proceeded to its consideration, as in Coramittee of the AVhole. Mr. Pomeroy of Kansas" inquired " if the senator from BUnois intended by the third section to commit the Government to the returning of fugitive slaves." — " Unquestionably not," replied Mr. Trumbull ; " and I do not think the language of the bill warrants that con struction. It says to the commissioners, to the United States judges, to everybody, 'You shall never make an order, under the Fugitive-slave Act, to surrender up a. CERTAIN SLAVES TO BE MADE FREE. 113 man claimed as a fugitive from service or labor, until it Is first proved to your satisfaction that the claimant is and has been loyal to the Government.' That is the in tention of the provision." Mr. Pomeroy was opposed to the section favoring the colonization of the emancipated slaves. If that provision was insisted on, he should feel caUed upon " to offer an amendment for the transporta tion, colonization, and settlement, in some country be yond the limits of the United States, of such slaveholders as have been engaged in the Rebellion." Mr. Willey (Union) of Virginia thought an immense number of negroes would be enfranchised before the close of the war, and thrown upon the community. He was " in favor of colonization ; but where was the money to come from ?" — "I may be in error," said Mr. Ten Eyck (Rep.) of New Jersey; "but, for one, I should be opposed to the second section, which provides for the enlarge ment or Uberation of persons held to service or labor, unless the third section, or a section simUar to it, be comes a law also at the same time." — "I concur," said Mr. Sumner (Rep.) of Massachusetts, "with the senator from Kansas in aU he has said in relation to the Fugitive- slave BUl. I have never called that a law, or even an act. I regard it simply as a bill ; still, a bill having no authority under the Constitution of the United Statea. There is no fountain in that instrument out of which that enormity can be derived. That is my idea : I believe it is the idea of the senator from Kansas. I therefore propose an amendment which shall remove all such implication or possibility of recognition, on our part, of that bUl ; while at the same time I believe it will carry out completely, adequately, in every respect, the 10* 114 CERTAIN SLAVES TO BE MADE FREE. idea of the senator from IlUnoia in the measure which Is now under consideration. I propose to strike out aU after the word ' before,' in the sixteenth line, down to the word 'that,' in the nineteenth line, being these words, 'Any order for the surrender of the person whose service is claimed, establish not only his title to such service, as now provided by law, but also,' and, instead thereof, insert, ' proceeding with the trial of his claim, satisfactorily prove : ' so that the sentence will read, ' He shaU in the first instance, and before proceeding with the trial of his claim, satisfactorily prove that he ia, and has been during the existing Rebellion, loyal to the Gov ernment of the United States." Mr. TrumbuU was entirely wilUng the Senate should adopt it ; and it was agreed to. Mr. M'Dougall (Dem.) of California, on the 3d and 4th of March, addressed the Senate in a speech of great : length in opposition to the enactment of the pending bill or any kindred measure. He was followed by Mr, Cowan (Rep.) of Pennsylvania in opposition to the measure. "If it passea," he aaid, "I think it wiU be the great historic event of the tiraes, — times which are as fruitful of events as any the world has ever witnessed. Upon the disposition we may make of it, perhapa the fate of the American Republic may depend ; and no one surely can overrate the magnitude of any thing which may be attended with such consequences. . . . Paaa thia bill, and the same messenger who carries it to the South will come back to us with the news of their com plete consolidation as one raan. We shall then have done that which treason could not do : we ourselves shall then have dissolved the Union ; we shall have rent CERTAIN SLAVES TO BB MADE FREE. 115 its sacred charter, and extinguished the last vestige of affection for it in the slave States by our blind and pas sionate folly." Mr. Morrill of Maine, on the 5th, addressed the Sen ate earnestly and eloquently in favor of the bUl. " The great measure before us," said Mr. Morrill, "and none greater has ever been before the Senate, has been char acterized in this debate in earnest, eloquent, indignant, and, I think I am authorized to say, satirical speech, as extraordinary, unconstitutional, oppressive, and inexpe dient. ... If slavery makes war on the nation for any purpose, I maintain the right of the Government, under the Constitution, to defend itself, and, in doing so, 'to liberate the slaves ' of rebels ; and that whenever and howsoever the question arises between ' the existence of the institution ' and the Constitution, slavery and the Union, the former must go to the wall, must perish, if necessary to preserve the latter ; and that this raay be done in the name and in the behalf of ' Araerican con stitutional liberty.' . . . The right of slavery to ' ex emption from interference within its locality ' is lost in its audacious revolt and armed assault on the Govern ment. Its cry ' to be let alone,' amid the cannonading of Sumter, is a shallow pretence to conceal a wicked purpose." Mr. Browning (Rep.) of BUnois followed, on the 10th, in a lengthy and elaborate speech in opposition to the passage of the bUl. He thought legislation of thia character dangeroua, and maintained that "the war powers of the Governraent were fuUy adequate to the needs ofthe occasion." Mr. CarlUe (Dem.) of Virginia followed, on the llth, in a long and discursive speech in 116 CERTAIN SLA-VES TO BE MADE FREE. oppoaition. He declared that " self-preservation would compel the States within which slavery now exists, if the slaves were emancipated, either to expel them from the State, or re-enslave them. If expelled, where would they go? The non-slaveholding States, many of them, exclude them by express constitutional provision;, othera would do so : for we are told by the advocates of emancipation, that the negro is not to be permitted, when liberated, to come into their States. What fol lows? — extermination or re-enslavement. Can it be possible that the Christian sentiment of the North, which, it is said, demands the aboUtion of slavery, desires the extermination of the negro race ? The well-being, if not the existence, of the white race, would demand their re-enslavement ; and it would be done." On the 7th of April, on motion of Mr, Trumbull, the Senate resumed the consideration of the bUl ; and Mr,. Trumbull defended it against the assaults made upon it, in an elaborate speech, which he closed by say ing, " Such an opportunity to strike a blow for freedom aeldom occura as that now presented to the American Congress, As most of the ownera of slaves are en gaged in the Rebellion, and will probably continue so for some time, the effect would be, if this bill were speedUy enacted into a law, that they would by their own act give freedom to most of the slaves in the country ; and thus would be solved in a great measure, through the agency of this wicked Rebellion, the great question. What is to be done with African slavery? — a subject in view of which Jefferson in his day exclaimed, that ' he trembled when he remembered that God was just.' I appeal to senators, as philanthropists, as patiiots, as CERTAIN SLA-VTBS TO BE MADE FREE, 117 lovers of the Union and of constitutional liberty, not to let pass this opportunity, which a wicked Rebellion presents, of making it the means of giving freedom to mUlions of the huraan race, and thereby destroying to a great extent the source and origin of the RebeUion, and the only thing which has ever seriously threatened the peace of the Union," Mr. Henderson (Union) of Missouri, on the 8th, made a lengthy but eloquent speech against the bill. " It is useless," said Mr, Henderson, " to devise cunning schemes to effect the destruction of slavery. It ia worse than useless to violate the least of constitutional safe guards to accomplish it. The shells that passed from rebel batteries to Fort Sumter, twelve months ago, wrote ita doom in Uving lettera upon the Southem akiea. If they wUl destroy it themselves, let aU the responsi bUity of evUs to spring from this sudden change in the labor and social system of the country rest upon the au thors of the war," Mr. Sherman, on the 10th, moved an amendraent in the nature of a substitute. It provided for confiscating the property and freeing the slaves of certain leading classes of rebels. Mr. WiUey again spoke in eamest condemnation of the bUl and all kindred measures. "What vrill be," he asked, "the necessary and inevi table result of this poUcy if it be carried into effect? It wUl be, that Virginia, by this increase of the free negro population under the operation of this bill, will be driven not only to re-enslave those who may be manu mitted under the operation of'the present bUl, but also to re-enslave the sixty thousand free negroes already there. That wUl be the policy that my honorable friend from 118 CERTAIN SLA-VES TO BE MADE FREE. Kentucky (Mr. Davia) will aee take effect in hia State ; and ao it must be in Maryland, and in every State where the operation of this bUl -wiU, to any extent, in crease the number of the free negro population. . . .You are surrounding ua by an impassable barrier of consti tutional interdictions against the diffusion of this popu lation ; while at the same time you want to manumit our slaves, and throw them broadcast on our community. Sir, the evU wUl be unendurable ; and the result wiU be the re-enalavement of the slaves thus manumitted, aa well aa those already free in our State." Mr. Hale replied to Mr. WUley'a intimation, that the emancipated alavea would be re-enslaved, in a defiant and effective speech. " I have," he said, " as high regard for the chivalry, bravery, and power of Kentucky, Virginia, and Maryland, and any of these States, aa any man haa ; but I tell them, and I tell the legialature of every State in the Union, that, when they undertake that, they under-: take a job that they cannot do : they set themselves in oppoaition to the moral sentiment of the country and of the world. There is not a monarch to-day on the throne of any of the kingdoma of Europe situated there so firmly, that he dare to set himself in opposition to the moral sentiment of mankind. I take it, sir, that, it is neither fanaticism nor superstition to say, that when the Creator of the earth made the earth, and the same Power made colored men, he intended that the colored men he had made should dweU upon the earth that he had made ; and that when the broad earth was subjected to the servitude of man, and the fiat went forth that by the sweat of the brow of man should hia living be obtained from the earth, it was a universal edict, irre- CERTAIN SLAVES TO BFl MADE FREE. 119 spective of complexion, and that the earth is subject to the servitude of supporting the black man aa weU as the white. I laugh to scorn all attempts and aU threats at re-enslaving this people. I tell you, it cannot be done," " If the honorable gentleman," repHed Mr, WiUey, "had been better cognizant of my antecedents, humble as they are, on this aubject, he certainly would never have con ceived it to be hia duty to rise here; and rebuke me for ha-ving uttered sentiments that were contrary even to his pecuUar theories. It is not becoming a man to speak of himself; but, rightftiUy or vrrongfuUy, I have that consciousness which satisfies my o-wn heart, having devoted nearly half of aU I had in setting negroes free. Thousands of dollars out of my poor pittance and estate have been surrendered as attestations of my beUef in the doctrine for which the honorable Senator from New Hampshire has thought it necessary to rise up here and rebuke me." Mr. Harris (Rep.) of New York, on the 14th, sub mitted a substitute he intended to offer, and addressed the Senate in exposition of his views of the duty de manded by the needs of the country. Of the seventh section of his intended amendment he said, " The seventh section of the substitute, which is in substance the same as the second section of the original bUl, relates ex clusively to the slave property of rebels. UnUke the provisions of preceding sections, the forfeiture declared is applicable alike to aU peraona who shaU be found engaged in the RebelUon. This is clearly right. All must agree, I think, that slavery is the chief, indeed the sole, producing cause of the Rebellion. It has long been, and, so long as it continues to exist. It wUl be, 120 CERTAIN SLAVES TO BE MADE FREE. the great disturbing element in our political system. Northern politicians, seeking to obtain poUtical power, have cowered before it, and ignominiously yielded to its imperious exactions. In this way, it has been able to hold the reins and control the policy of the Government for most of the time since our history as a nation began, — often, very often, to the serious prejudice of our best interests as a nation. It was because, and only because, this power had been wrested from its hands by an indig nant and long-suffering people, that this Rebellion was inaugurated." Mr, Powell (Dem.) of Kentucky, on the 16th, spoke in opposition to the bill, and in severe denunciation of the antislavery policy of the administration, Mr, How ard (Rep.) of Michigan addressed the Senate in support of the policy of confiscation, and the emancipation of the slaves of rebels, in a speech of great clearness and logi cal power. He arraigned the slaveholding leaders of the RebelUon for their " deceptive, delusive, and wicked words and deeds," He said, " Sir, even Satan, disguis ing his horrid form, and — ' Squat like a toad fest by the ear of Eve,' practised no more deliberate deceit upon the sleeping mother of the race. They alarmed the fears of the timid and unthinking ; they aroused the vigilance which ever presides over property ; they stirred up the gaU and bitterness of the bigot and fanatic, who deduce the right of slavery from the gospel itself; they infiamed the sectional pride of those who mistakenly claim per sonal and heroic qualities superior to those of North ern men ; addressing the rich planter, they scoflfed at CERTAIN SLAVES TO BE MADE FREE. 121 labor as fit only for slaves ; they spoke of the rapid increase of population in the free States as an alarming portent, and sorrowed deeply over the prospect of being compelled to submit to the will of a majority. Finding that, by their own incautious haste in forcing the North ern Democracy to adopt obnoxious measures, they had united the Northern people to resist the further triuraphs of their ambition, and had thus lost the balance of power, they invoked eloquently the memories of their former domination, and wept over its decline. At every public gathering, the air was burdened with their im passioned appeals to the masses to rise, and resist the imaginary wrongs threatened by the North, or, as they derisively caUed the friends of the Governraent, Yan kees. Every court-house, every church, every fair ground, waa vocal with traitorous eloquence ; and God's innocent air was loaded with execrations against a Gov ernraent, the work of their and our fathers, which never harmed a hair of their heads, and whose only fault — shown in the compromise measures of 1833 — was, that it had loved them, not wisely, but too well. To the aspirant after place and honor, they held out the pros pect of a separate Congress, President, separate cabinet ministers, judges, and ambassadors and consuls abroad ; to the lovers of adventure and booty, they pointed to the weak and distracted governments of Mexico and the Central- American States, to their mines, their cotton and sugar lands, and the ornaments of their churches. Their ainbition grasped Cuba ; and that island was soon to undergo a practical verification of the doctrines of the Ostend Conference, which had received the blind adhe sion of the President whom their votes had elected^ in 11 122 CERTAIN SLAVES TO BE MADE FREE. 1856. And at the foundation of this splendid chimera of revolution and dominion, the pivot on which the whole structure was to tum, was the Idea, repelled by all the accredited teachers of morals and public law, that the black man was born to be a slave, and that it was to defy the decrees of God and Nature to allow him to be free." Mr. Davis (Opp.) of Kentucky followed, on the 22d and 23d, in a very long and exhaustive speech in oppo-» sition. He averred that "neither the Declaration of Independence nor the Constitution was ever intended to embrace slaves, nor any of the negro race, nor any of the Indian race, nor foreigners. It has been attempted in this argument to apply the prohibitions of the Consti tution to foreijTnera. It no raore erabracea foreignera than it does quadrupeds. It no more embraces Indiana or alaves, except one or two prohibitions that are intended to preserve the humanity of our lawa, than it doea quadrupeds or wild beasts. The only partners to our poUtical partnership were the white men. The negro was no party, and he cannot now constitutionally be any party, to it. He was outside of it at the time the Constitution waa formed, and will be for ever, to thia fundamental law of our Government." Mr. Sherman (Rep.) of Ohio spoke in support of his substitute. On the 24th, Mr, Collamer (Rep.) of Vermont addressed the Senate in an elaborate and able and effective speech. "The alaves," he said, "are now in the possession and control of their masters, except so far as our army goes. If they try to get away, espe cially if they are at any considerable distance from our aripies, their maatera will not aUow them to do it. Of CERTAIN SLAVES TO BE MADE FREE. 123 course, the masters are not going to let them get away to join us to shoot them : they will stop them, perhapa kUl them in the attempt. If we knew people were going from us to join the enemy and fight us, we should not let them go : neither do tlicy. Now, by this bill, we say to these slaves, if they are ever to learn what we do at aU (and, if they do not, it can have no effect), ' You need not run any risk about oflTending your master : perhapa your master will succeed in the Rebellion ; and you wUl suffer pretty hard if yoti undertake to run away, and he catches you. You may remain quietly with your master, and not incur the hazard of his displeasure or punishment ; but if, after all, your master does not suc ceed, you shall bc free, whether you help us or not.' Is that good policy? That is the bill. It does not seem to me to be a very wise means to the end, if such an end is had in view, as I suppose." Mr. Sherman withdrew his amendment, to enable the senator from Vermont to submit his substitute ; and Mr, TrumbuU then addressed the Senate upon the various subatitutea proposed. On the 29th, Mr. Cowan moved "that aU bUls, substitutes, and amendments relating to the punishment of rebels, and the forfeiture and confisca tion of their property, be referred to a select committee of seven, to examine and report upon the same." Mr. Browning addressed the Senate at great length in earnest remonstrance against the policy embodied in these bills. On the 30th, Mr. Wilmot addressed the Senate in earnest advocacy of the bill. He said, " Tho second section, that providing for the eraancipation of the slaves of rebels, I sustain in the whole length and breadth of its provisions. WhUc I shaU claim for the 124 CERTAIN SL-i^VES TO BE MADE FREE. Government full power over the subject of slavery, I would not at this time go beyond the provisions of this bill. I would to-day give freedora to the slaves of every traitor ; and, after that, would confidently look for the early adoption of the policy recommended by the Presi dent, gradually to work out the great result of universal emancipation. . . . This great revolt against the integ rity and sovereignty of the nation has no other founda tion than slavery. Democratic government is a perpetual danger to slavery. The government of an oligarchy is demanded as security for its perpetuity and power. Here ia the cause of the Rebellion, with its immense sac rifices of life and treasure. Amidst the sacrifices of. this hour, thia universal wreck of intereata, shall the slaveholding traitor grasp securely his human chattel ? " Mr. Wright (Union) of Indiana followed in support of the policy of confiscation. The President stated that the pending question was the motion of Mr. Cowan to commit the bill and all the amendments to a special committee, Mr. Wilkinson, Mr. Wade, Mr. Hale, and Mr, Trumbull, earnestly opposed the motion ; and Mr, Cowan made an equally earnest appeal for refer ence, Mr. Howard moved to submit an amendment to the pending resolution, in' the following words : — " With instructions to bring in a bill for the confiscation of all the property of the leading insurgents, and the emancipa tion of the slaves of all persons who have taken up arms against the United States during the present insurrection.'' Mr, Davis moved to strike out the words, "and the emancipation of the alavea of all persons." The questipn being taken by yeaa and nays, resulted — yeas 11, nays 29 : so the araendraent to the amendment was rejected. CERTAIN SLAVES TO BE MADE FREE. 125 Mr. Howard then withdrew his amendment. The ques tion was taken on Mr. Cowan's motion to refer aU the bUls and amendments to a special comraittee, — yeas 18, nays 22. On the lst of May, the Senate resumed the consider ation of the bill ; the pending question being Mr. CoUa- mer'a substitute. Mr. Wilson (Rep.) of Massachusetts moved to strike out the sixth section of the amend ment proposed by Mr. Collamer, and to substitute in Ueu of it, "That, in any State in which.the inhabitants have by the President been heretofore declared in a state of insurrection, the President is required, for the speedy and more effectual suppression of said insurrection, within thirty days after the passage of this act, to appoint a day when all persons holden to service in any such State, whose service is by the law of said State due to one, who, after the passage of this act, shall levy war or participate in insurrection against the United States, or give aid to the sarae, shall be for ever free, any law to the contrary notwithstanding." In support of this amendraent, Mr. WUson said, " I ara free to confess that the provision eraancipating the slaves of rebels is, with rae, the chief object of solicitude. I do not expect that we shall realize any large araount of property by any confiscation bill that we shall pass. After the conflict, when the din of battle has ceased; the humane and kindly and charitable feelings of the country and of the world will require us to deal gently with the masses of the people who are engaged in this Rebellion. It will be pleaded, that wives and children will suffer for the crimes of husbands and fathers; and such appeals will have more or less effect upon the future policy of the Government. 11* 126 CERTAIN SLAVES TO BE MADE FREE. But, sir, take from rebel masters their bondmen, and from the hour you do so until the end of the world, to 'the last syllable of recorded time,' the judgment of the country and the judgment of the. world will sanc tion the act. . . . Slavery is the great rebel, the giant crirainal, the raurderer striving with bloody handa to throttle our Governraent and destroy our country. Senators may talk round it, if they please ; they may scold at its agents, and denounce its tools : I care Uttle about ita agenta or its tools. I think not of Davis and hia compeera in crime : I look at the thing itaelf, — to the great rebel with handa dripping with the blood of my murdered countrymen. I give the criminal no quarter. If I, with the light I have, could utter a word or give a vote to continue for one moment the life of the great rebel that ia now striking at the vitals of my country, I should feel that I was a traitor to my native land, and deserved a traitor's doom. . . . While I would not take the lives of many, if any ; while I would not take the property of more than the leaders, — I would take the bondmen from every rebel on the continent ; and, in doing it, I should have the aanction of my own judg ment, the sanction of the enlightened world, the sanction of the coming agea, and the bleasing of Almighty God. Every day, while the world stands, the act will be approved and applauded by the human heart all over the globe. . . . When slavery is stricken down, they will come back again, and offer their hands, red though they be with the blood of our brethren ; and we shall forgive the past, take them to our bosoms, and be again one people. But, senators, keep slavery ; let it stand ; shrink from duty ; let men whose hands are stained CERTAIN SLAVES TO BE MADE FREE. 127 with the blood of our countrymen, whose hearts are dis loyal to our country, hold fast to the chains that bind three mUlions of men in bondage, — and we shall have an enemy to hate us, ready to seize on all fit opportunities to smite down all that we love, and again to raise their disloyal hands against the perpetuity of the Republic. Sir, I beHeve this to be as true as the holy evangelists of Alraighty God ; and nothing but the prejudices of association on the one side, or timidity on the other, can hold us back from doing the duty we owe to our coun try in this crisis." Mr. MorriU made an eflfectlve reply to Mr. Cowan and Mr. Collamer, and an earnest appeal for the bUl. Mr. Howe (Rep.) of Wisconsin expressed his doubts. Mr. Davis again addressed the Senate. He asked " that slaves should have the sarae fate with other property." He did " not object to confiscating slaves with other property, upon condition that the pro ceeds should go into the treasury." Mr. Clark (Rep.) of New Hampshire would not seU the confiscated slaves. "You take," he said, "a negro from a rebel, as the senator proposes. He belongs to the United States. The senator contends that you must sell him. You sell him. Who buys him? Where do you sell him? Where do you find your market? Not in a free State, but in a slave State. You sell him to one of these slaveholders ; and the rebels come and seize him, and have him engaged on fortifications in a week." On the 2d of May, Mr. Doolittle (Rep.) of Wiscon sin addressed the Senate. Mr. Wade made an emphatic speech in favor of action. He declared, that " if every man in this Senate, if every man in this Congress, stood forth as an advocate for perpetual and eternal slavery, it 128 CERTAIN SLAVES TO BE MADE FREE. ¦would only be the poor instrumentalities of man fight ing against God. God and Nature have determined the question, and we shall not affect it much either way. But I throw out these hints to those gentlemen who seem to believe that the world wUl not go round when slavery is abolished. As the Almighty sometimes over rules the wickedness of man to perfect a glorious end, so the hand of God waa never more obvioua than in this Rebellion. Slavery might have staggered along against the improvement of the age, against the common conaent of mankind, a acoff" and a byword on the tongue of all civilized nations, for a great many years ; but thia Rebellion haa sealed Its fate, and antedated the time when it becomes impossible. You cannot escape from this war, without the emancipation of your negroes. It wiU not be because I am going to preach it ; it wUl not be be cause I am going to move any thing in that direction : but it is because I see the hand of God taking hold of your own delinquency to overrule for good what your rulers meant for_ evil. Proslavery men seem to suppose that the Ruler of the universe is a proslavery Being ; but, if I have not mistaken him greatly, he is at least a grad ual emandpationist." Mr. Collamer followed in reply to -Mr. Wade, and in aupport of hia amendment. He declared that " our legislation should be consecutive and in certain progress, rising from step to step, as the necessities of the occasion may require ; " and he " had attempted to frame his bill on that principle." The sixth section provided, when the insurrection has existed six months, " then, in that case, the President is author ized. If in his opinion it is necessary to the successful auppresaion of said insurrection, by proclamation to fix CERTAIN SLA-VES TO BE MADE FREE. 129 and appoint a day when all persons holden to service or labor in any such State, or part thereof, as he shall declare, whose service or labor is by the law or custom of said State due to any person or persons, wha, after the day so fixed by said proclamation, shall levy war or par ticipate in insurrection, shall be free." — "It is proposed," he said, " by the senator from Massachusetts, that the section shall be entirely changed. By this amendment, the proclamation Is raade a matter of no consequence at aU. The President is left no discretion about it. It is a simple declaration, that, in thirty days, the President shaU issue a proclamation, fixing a day' when the slaves shall be free, — the slaves of any person who shaU be engaged in rebellion after the passage of the act, not after the time fixed by proclamation. . . . The honorable senator from Massachusetts, and the honorable senator from Ohio, seem never to have understood the explana tion which I gave before, and I do not know that they ever wiU. Perhaps it is because they do not want to understand it. The honorable senator from Massachu setts especiaUy, in offering his amendment and in speak ing upon it yesterday, seemed to be set upon the idea, — he entertains it strongly, and he expresses it strongly, as belongs to him, — that the existence of slavery and the existence of this country under the General Govemment are incompatible. I shaU not misrepre sent him : I may have misunderstood hira ; but, if I did understand him, that is his belief. He thinks slavery ia the origin of aU the difficulty, and that the trouble wUl contitiue as long as it exists ; and he comes in with this amendment, to effect — what ? That purpose, of course." Mr. Saulsbury (Dem.) of Dela- 130 CERTAIN SLAVES TO BE MADE FREE. ware predicted "that in 1870, let this war terminate aa it may, whether you conquer the seceded States or not, if local State governments are preserved in this country, there will then be more slaves In the United States than there were in 1860. . . . I presume that local State gov ernments will be preserved. If they are, if the people have a right to make their own laws and to govern themselves, — and I presume that even my friend from Massachusetts will not object to that, — they wUl not only re-enslave every person that you attempt to set free, but they will re-enslave the whole race. I do not mean to suggest a thing that I will not favor : I take all the re- Bponsibillty of the utterance in my own person. I say to you, sir, and I aay to the country, that if you send five thousand slaves into the State of Delaware, — we have got about two thousand alavea now, and we have about twenty thousand free negroes, — ifyou send five thousand more of that class of people among us, contrary to our law, contrary to our wUl, I avow upon the fioor of the American Senate, that I will go before my people for en slaving the whole race, because I say that this country is the white man's country. God, nature, everything, has made a distinction between the white man and the negro ; and by your legislation you cannot bring up a filthy negro to the elevation of the white man, if you try to put him upon that platform." The Senate, on the 5th of May, resumed the con sideration of the bUl; and Mr. Howe of Wiaconain spoke in oppoaition to it, and in - reply to aeveral aenatora. Mr. Foater (Rep.) of Connecticut followed in a review of the bUl and amendmenta, and in sup port of Mr. CoUamer's substitute. CERTAIN SLAVES TO BE MADE FREE. 131 On the fith, the Senate having resumed the consider ation of the bUl, Mr. WUson withdrew his araendraent to the sixth section of Mr. CoUamer's amendment, and moved an araendment in eight sections as a substitute for Mr. CoUamer's substitute for the original bill. Mr. WUson, in explanation of the sixth section relating to elavery, said, that " the amendment of the senator from Vermont provides for discharging the slaves of persons under certain conditions ; that is, that the President may do it if he deemSiit necessary for the suppression of the Rebellion. He puts it in the discretion of the President. My amendment makes it imperative upon the President to issue his proclamation, immediately after the passage of the act, to fix a day, not more than thirty days after the act ia passed, when the slaves of all persons who engage in insurrection or rebeUion after they have had the waming of thirty days, after the time is fixed, shaU be made free." Mr. Clark said, " The amendment proposed by the senator from Massa chusetts, it strikes me, Is an important one. I think it goes a good way towards harmonizing some of the differences in the minds of senators. If there could be time for considering it ftirther, or for maturing it, or if it were sent to a committee to .perfect it, it seems to me the Senate might readUy come to some conclusion that would be satisfactory. I wiU move that the whole subject, this araendment and aU the other bUls, be comraitted to a select coraraittee of five, for the purpose of being perfected." Mr. Sumner (Rep.) of Massachusetts suggested that the commit tee should consist of seven members ; and Mr. Clark accepted that suggestion. Mr. Hale said, " There is a 132 CERTAIN SLAVES TO BE MADE FREE. difficulty in my mind in regard to the amendment of the senator from Massachusetts. I think I have been aa anxioua ahd aa eameat aa anybody to advance the cause of free principles, so far as might be done con sistently with the rights we owe under the Constitution ; but it seema to me the machinery of the sixth aection of the amendment of the senator from Masaachusetta is objectionable to the exception that it is not in accord ance with the Constitution." Mr. Wilson aaid, in response to Mr. Hale, "Slavei^has made this Rebel Uon, and alone is responsible for it ; and yet such haa been the overshadowing power of slavery, so omnipotent has it been in these halls and over this Govemment, that when we, who are the children of democratic in stitutions, who have in our blood, in our being, in our very souls, love of Hberty, and hatred of oppression, are called upon to act ; when our brethren have been foully murdered, and wives and chUdren and fathers are bowed in agony of aoul all over the country ; when the existence of thia nation ia threatened by this system of slavery, — when we, under all these circumstances, are called upon to deal with it, such is its lingering power over even us, that we can take rebel Hves, take rebel property, take any thing and every thing, but are re luctant to touch slavery, the cause of all. Sir, if the Congress of the United States shall fail to free the slaves of rebel masters, the men who are endeavoring to destroy the national life, I believe Congress will faU to do the dutiea of the hour, — the dutiea that the nation and God require at their handa. I feel deeply upon thia question. The conviction is upon me, that thia is the path of duty to my country, and that the future CERTAIN SLAVES TO BB MADE FREE, 133 peace of the nation requirea that thia alave interest ahall be broken dovni ; and now is the opportunity, — an opportunity that only comes to nations once in ages. It coraca to us now. Let ua haU and improve it." Mr. Hale said, in reply, " I am wiUing to go as far as anybody, within the limits of the Constitution, to cripple slavery ; and I think the Government ought to make use of that aa a phyaical agency in euppreasing the RebelUon, when it ia brought in contact against it. All that I suggested to the senator was, that I did not tliink the machinery he had prescribed in this sixth aec tion waa precisely the mode and manner of doing the thing ; becauae it does not look like a war raeasure, and it does not look like avaUing ourselves of the phys ical assistance of that body of raen, but it ia aimply in the form of a judicial trial for crime, and pronounces, as a punishment for crime, the liberation of the slaves. Sir, this new Republican party came into power upon the destruction of two parties that had been false on thia subject ; and now, whatever party may succeed thia Republican party, — and God only knows what it wiU be, — I hope that they may not write on our tomb stones that we split on the rock on which our prede- cesaors did; and that is in want of fidelity to our declared principles. If there ia one principle that we have declared often, early, and long, it ia fidelity to the Constitution, — to ita requirementa and ita restrictions. The mourners go about the streets in aU the places that used to be the high places of power of those two old parties, mourning over their derelictions ; and I trust that wUl not be left to us. No, sir : let us, under the flag, — the old flag, — under the Constitution, — the old 12 134 CERTAIN SLA-VES TO BE MADE FREE. Constitution, — carry on the warfare in which we are engaged ; and, if we fail, we shall not faU because the Constitution does not give us power enough, but because we are recreant, and do not use the power that it does give us." Mr. Harris would vote for the propoaition of Mr. Clark to commit all the blUa and amendments to a special committee. "The recommittal," said Mr. Wade, " of thia biU, after it haa been for four months under our consideration, and at a period which I hope is towards the end of this session, will be a proclama tion to the people that wUl fill them with more de spondency for your Government than the loss of half a dozen battles ; and it will be viewed with aa much regret by all the loyal people in the seceded States as by those in the Northern Statea." — "The senator from Ohio knows weU," said Mr. Sumner, " that I alwaya differ from him with regret ; he knows also that I differ frora him very rarely ; but I do diflfer fi-om him to-day. I ahall not foUow him in what he haa aaid on the constitutional question ; nor shall I follow the senator from New Hampshire in what he haa said on that queation. The precise point on which we are to vote, as I understand it, has been atated by the senator from New York. It is. Shall the pending biU and all the associate propositions and amendments be referred to a select committee, with instructiona to report forthwith ? Sir, it aeema to me, in the preaent stage of this discussion, the time has arrived for auch a motion." Mr. TrumbuU was opposed to recommitting the bUl to a special comraittee ; but " senators favorable to the bill insist upon it : I can only acquiesce ; and CERTAIN SLAVES TO BB MADE FREE. 135 ttat I desire to do gracefully." Explanatory speeches were then made by Messrs. Ten Eyck, Foster, Wade, Collamer, Fessenden, and Cowan. Mr. WUson moved to amend Mr. Clark's motion, so that the committee should consist of nine members ; and Mr. Clark ac cepted the amendraent. Mr. Foster caUed for the yeas and naya, and they were ordered ; and, being taken, re sulted — yeas 24, naya 14. The Preaident appointed as the comraittee, — Mr. Clark, chairman ; Mr. Col lamer, Mr. Tmmbull, Mr, Cowan, Mr, WUson of Massachusetts, Mr. Harris, Mr. Sherman, Mr. Hen derson, and Mr. WUley. Mr. Tmmbull, at his own request, was excused; and Mr. Harlan was appointed in his place. Mr. Clark, Chairman of the Select Committee, re ported " a bUl to suppress insurrection, and punish treason and rebellion ; " and asked to be discharged from the ftirther consideration of the several bills referred to the committee. On the 16th, on motion of Mr. Clark, the Senate, by a vote of 23 to 19, took it up for consid eration. The bUl provided, that at any time, after the passage ofthe act, the President raight issue his proclaraa tion, proclairaing that the slaves of persons found, thirty days after the issuing ofthe proclaraation. In arms against the Govemment, wUl be free, any law or custom to the contrary ; that no slave escaping from his master shall be given up, imless the claimant proves he has not given aid or comfort to the Rebellion ; and that the President shall be authorized to employ persons of African descent for the suppression ofthe Rebellion. Mr. Davis moved to amend the bUl by striking out the words, "and all his alaves, i' any shaU be declared and made free." — 136 CERTAIN SLAVES TO BE MADE FREE. " Then," reraarked Mr. Clark, " as I understand it, tKe objection ia, not that we take the negro from the maater by way of punishment, but that we do not give him to Bomebody elae, or put him into the public treasury." — "Yes, sir," replied Mr. Davis, "that ia the objection; that you do not sell the negro, — do not appropriate the negro as you would other property." The question was taken on Mr. Davia'a motion, — yeaa 7, naya 31. Mr. Sumner moved to amend the bill by atriking out all after the enacting clause of the original bill, and inserting an amendment in the form of a new bill. He then addressed the Senate in an elaborate, exhaustive, and eloquent speech. " There is a saying," said Mr. Sumner, " often repeated by statesmen, and often recorded by publicists, which embodies the direct object of the war which we are now unhappily compelled to wage, — an object sometimes avowed in European wars, and more than once made a watchword in our own country, — ' indemnity for the past, and security for the future.' Such should be our comprehensive aim ; nor more, nor less. Without indemnity for the past, this war will have been waged at our cost. Without security for the future, this war will have been waged in vain. Treasure and blood will have been lavished for nothing. But indemnity and security are both means to an end ; and that end ia the national unity under the Conatitutlon of the United States. It ia not enough if we preserve the Consti tution at the expense of the national unity ; nor is it enough if we enforce the national unity at the expense of the Constitution. Both must be maintained. Both will be maintained, if we do not faU to take counsel of that prudent courage which ia never so much needed CERTAIN SLAVES TO BE MADE FREE. 137 as at a moment like the present. In declaring the slaves free, you wUl at once do more than in any other way, whether to conquer, to pacify, to punish, or to bless : you will take from the Rebellion its mainspring of activity and strength ; you vrill stop its chief source of provisions and supplies ; you wiU remove a raotive and temptation to prolonged resistance ; and you wUl destroy for ever that disturbing Influence, which, so long aa it ia aUowed to exist, wUl keep this land a volcano, ever ready to break forth anew. But, while accom plishing this work, you wUl at the same time do an act of wise economy, giving new value to all the lands of slavery, and opening untold springs of wealth ; and you wUl also do an act of justice, destined to raise our na tional name more than any triumph of War or any skUl in peace. God, in his beneficence, oflfers to nations, as to individuals, opportunity, opportunity, opportunity, which, of all things, is raost to be desired. Never be- fijre in history has he offered such as is now ours. Do not faU to seize it. The blow with which we sraite an accursed rebellion wUl at the same time enrich and bless ; nor is there any prosperity or happiness which it wUl not scatter abundantly throughout the land. And such an act wiU be an epoch marking the change from barbarism to civiUzation. By the old rights of war, atiU prevalent in Africa, freemen were made slaves ; but by the rights of war, which I ask you to declare, ' slaves will be made freemen." Mr. Davis said, "I have an amendment to offer, to come in at the close of the bill, — that no slave shall be emancipated under this act until such slave shall be taken into the possession of sorae agent of the United 12* 138 CERTAIN SLA-STES TO BE MADE FREE. > States, and be in transitu, to be colonized without the United Statea of America," — yeas 6, nays 30. Mr. Saulsbury moved to strike out the ninth section of the bUl. Mr. Trumbull would vote with the senator from Delaware to atrike out the section. He hoped the friends of a really efficient measure would vote to strike it out. "I would," he aaid, "free the alavea of all who shall continue in arms after the passage of the act. That would be my proposition ; and I cannot conceive how it is, when these men are with arms in their hands, aa the senator from New Hampshire said, shooting our brothers and our sons, that we can insist upon holding their negroes in their possession to enable them to ahoot our sons and our brothers." Mr. WUson aaid, " The motion that haa been made, and what has been aaid upon it, impoae upon me the neceasity of making now a motion that I intended to make at aome time ; and that is, to strike out in the ninth section the words ' at any time,' in the first line, and insert ' imme diately ; ' and to strike out the word ' whenever,' in the second line ; and, in the third and fourth lines, to strike out ' shaU deem It necessary for the suppression of thia Rebellion, he : ' so that the aection, if amended aa I pro- poae, wUl read, 'That, immediately after the paaaage of this act, the President of the United Statea shaU issue hia proclamation, commanding all persons immediately to lay down their arms,' making it imperative. I think, that, aince thia bill waa reported, there are reasons why I shall vote that way." Mr. Clark said, "The Senate, perhaps, wUl pardon me for saying, that, in the comrait tee, the original proposition atood as the senator from Massachusetts prqposea now to have it : but we found CERTAIN SLAVES TO BE MADE FREE. 139 that the measure now reported was the measure upon which we could agree, and that we could not agree upon any other raeasure ; and therefore it was reported as it stands here. I shall vote for the proposition as it stands in the bUl, for that reason." — "1 shaU," said Mr. Cow an, " oppose the araendment ofthe senator from Massa chusetts, and I believe that I shall vote to strike out the section : and I shall do so for a very simple reason ; and that is, that it is utterly valuelesa in the biU." He thought "the Preaident and his generals, under the war power, clothed with ample authority." Mr. Sumner was " very glad to hear the senator make that declara tion, that Gen. Hunter, in his opinion, has the power." " If," said Mr. Cowan, " the aenator from Massachusetts wants an exceedingly fine point to atand upon, I will allow hira the benefit of it. I hope he understands rae ; and I hope, too, that he ia honorable and manly enough to understand what I say in ita true sense. I do not mean to say that Gen. Hunter has the power as against the will of the President, his superior ; but I raean to eay that the President, the commander-in-chief of the army, and the generals of the army, acting in obedience to that euperior authority, have the power." Mr. Fessenden (Rep.) of Maine supported the bill reported by the Select Committee. Mr. Wade said, " I do not know that we shall get any thing ; but, if we only get this bill, we shall get next to nothing." Mr. Willey opposed the emancipation of the slaves of rebels by proclaraations. On the 20th, the Senate resumed the consideration of the bUl ; and Mr. Davis addressed the Senate in a very lengthy speech, consuming the day, in opposition to the measure. 140 CERTAIN SLA-VES TO BE MADE FREE. In the House of Representatives, on the 2d of De cember, 1861, Mr. Eliot (Rep.) of Massachusetts intro duced, on leave, a joint resolution, setting forth, that while we disclaim all power under the Constitution to interfere by ordinary legislation with the institutiona of the States, yet the war now existing must be conducted according to the usages and righta of mUitary service : " That therefore we do hereby declare the President, as the commander-in-chief of our army, and the officers In command under him, have the right to emancipate all persons held as slaves in any military district in a state of insurrection against the National Government ; and that we respectfully advise that such order of emancipa tion be issued, whenever the same wUl avaU to weaken the power of the rebels in arms, or to strengthen the military power of the loyal forces." Mr. Dunn (Rep.) of Indiana moved to lay the resolution on the table. Mr. Vallandigham (Dem.) of Ohio demanded the yeas and nays; and they were ordered, — yeas 56, nays 70, Mr. Roscoe ConkUng (Rep.) of New York moved to amend the resolution so as to confine it to slaves held by disloyal persons. Mr. Stevens (Rep.) of Pennsylvania moved the postponement of the resolution to the 10th ; and hia motion was agreed to. Mr. Campbell (Rep.) of Pennsylvania introduced a resolution declaring that Congress should confiscate the property, slaves included, of all rebela ; and, on hia motion, it was postponed to the 10th. Mr. Stevens of Pennaylvania offered a resolution setting forth that slavery has caused the Rebellion ; that there can be no solid and permanent peace and union so long as it exists ; that slaves are used as an essential means of" supporting the war ; that, by the law of CERTAIN SLAVES TO BB MADE FREE. 141 nations, it ia right to liberate the slaves of an enemy to weaken his power ; and that the President be requested to declare free, and to direct all our generals to order freedom to, all slaves who shall leave their masters, or who shall aid in queUing the Rebellion. The resolution of Mr. Stevens was postponed to the 10th, — the day fixed for the consideration of the resolutions introduced by Mr. Eliot and Mr. CampbeU. On the 3d, Mr. Gurley (Rep.) of Ohio gave no tice of his intention to introduce a bUl to confiscate the property and make free the slaves of persons en gaged in the Rebellion. Mr. Conway (Rep.) of Kansas, on the 4th, introduced a resolution touching the treatment of slaves in the seceded States ; and it was postponed to the 10th for consideration. Mr. Bingham (Rep.) of Ohio introduced a bill to confiscate the property and free the slaves of rebels ; and, on his motion, it was referred to the Judiciary Committee, of which he was a member. On the 12th of December, the House proceeded to the consideration of the resolu tion introduced by Mr. EUot the first day of the session. Mr. Eliot addressed the House in an earnest speech in favor of expressing, at the earliest moment, the judgment of the House and the people. "It is no time," he said, " for set speech. The times them selves are not set. Speech ia demanded, but such as ahall crystallize into acts and deeds. Thoughta of men go beyond the form of worda into the realitiea of thinga." Mr. Eliot deplored the modification of Fre mont's proclamation. The slaves stood " with arms stretched out to us, yearning to help us. The shackles have fallen from their limbs ; and, as they work for the 142 CERTAIN SLAVES TO BB MADE FREE. Government, it doea not need that I ahould aay to you, that thenceforth and for evermore they become free men." Mr. Steele (Dem.) of New York denied the propoaition that slavery was the cause of this war. " I declare," he said, "that the unneceaaary agitation of the slavery question was the cause of the war." Mr. Conway, (Rep.) of Kansas followed Mr. Steele in a speech of rare eloquence and power. He declared that " the inex orable and eternal condition of the life of slavery is, that it must not only hold its o-wn, but it raust get more. Such is the unchangeable law, developed from the con flict of alavery with the order of justice ; and no one ia competent to render a judgment in the case who does not recognize it. Sir, we cannot afford to despise the opinion of the civUized world in thia matter. Our present policy narrows our cause down to an ignoble atruggle for mere physical supremacy ; and for this the world can have no genuine respect. Our claim of authority, based on a trivial technicaUty about the proper distinction between a Federal Government and a mere confederacy, amounts to nothing. The human mind has outgrown that superstitious reverence for government of any kind which makes rebellion a crime per se ; and right of secession, or no right of secession, what the world demands to know in the case ia, upon which side doea the mpraUty of the queation Ue ? Aa a bloody and brutal encounter between alaveholdera for dominion, it ia juatly offenaive to the enlightened and Christian sen timent of the age. Yet the fate of nations, no less than that of individuals, ia moulded by the actions, and these by the opinions, of mankind, So that pubUc opinion ^ the real sovereign, after aU ; and no policy can be per- CERTAIN SLAVES TO BB MADE FREE. 143 manently successful which defies or disregards it. The human raind, wherever found, however limited in devel opment or rude in culture, is essentially logical ; the heart, however hardened by selfishness or sin, has a chord to be touched in sympathy with suffering ; and the conscience has its ' still smaU voice,' which never dies, to whisper to both heart and understanding of etemal justice. Therefore, in an age of free thought and free expression, the brain and heart and conscience of mankind are the lords who rule the rulers of the world ; and no mean attribute of statesmanship is quick ness to discern and proraptness to interpret and iraprdve the adraonitions of thia august trinity." Mr. Harding (Opp.) of Kentucky, on the 17th, spoke earnestly against the reaolution, and the poUcy of eman cipating the slaves of rebels. He emphatically asserted that " a war upon the institution of slavery would be not only unconstitutional and revolutionary, not only a criminal violation of the plighted faith of Congress and of the Adrainistration, but utterly at war with every principle of sound policy. Whoever lives to see that fearful and mad policy inaugurated, wUl see the sun of American liberty go down in clouds and darkness, to rise no more. The last hope of a restoration of the Union — the last hope of free govemment upon thia continent — wUl then aink, and utterly perish. If the war, righteously begun for the preservation of the Con stitution and the Union, should be changed to an anti- slavery war, then Kentucky will unitedly make war upon that war ; and, if an army from the North should move toward Kentucky to visit upon her the horrors of a war for eraancipation, then Kentucky wUl meet 144 CERTAIN SLAVES TO BE MADE FREE. that army at the threshold, dispute every inch of ground, burn every blade of grass, and resist to the last ex treraity." Mr. Kellogg (Rep.) of Illinois moved to refer the resolution of Mr. Eliot and all other kindred propositions to the Judiciary Committee, — yeas 77, nays 57. Mr. Hickman (Rep.) of Pennsylvania, Chairman of the Committee on the Judiciary, on the 20th of March reported back the resolutions and billa referred to the coraraittee, with a recommendation that they do not pass. Mr. Bingham submitted a minority report, as a substitute for the bill he had introduced early in the session. This substitute declared free, and for ever released from servitude, the slaves of persons giving aid to the Rebellion. Mr. Porter (Rep.) of Indiana moved to amend the substitute by striking it out, and inserting the bill proposed by Mr. Sherman of Ohio in the Senate. Mr. Porter said that "the gentleman from Oliio (Mr. Bingham) , out of his honest and implacable hatred of slavery, desires, through the provisions of hia amendment, to give it a stunning blow. While my amendment is aimed only at weakening the Rebellion, it will go, perhaps, very far towards the end which the gentleman desires to see accomplished. The slaveholders in the rebel service are chiefly among the officers. Few privates own slaves." Mr. Porter then moved to re commit the bill, with instructions to report the bill he had off'ered as a substitute. Mr. Walton (Rep.) of Vermont moved to amend the instructions, so that the committee shall be instructed to report back Mr. CoUa- mer'a bUl, — yeaa 33, naya 69. On Mr. Porter'a motion, the yeas were 25 ; the nays, 73. CERTAIN SLAVES TO BE MADE FREE. 145 On the 23d of April, Mr. Sheffield of Rhode Island moved to lay Mr. Bingham's amendment on the table, — yeas 54, nays 49. Mr. Olin (Rep.) of New York moved to refer the bills and resolutions reported back by the Committee on the Judiciary to a special com mittee of seven. Mr. Colfax (Rep.) of Indiana " plead ed only for action." He would cheerfully support Mr. Trumbull's bill, or the bUl of Mr. Sherman. "I can vote," he declared, "for nearly any one of them, variant as their provisions are." Mr. Dunn of Indiana would "adopt a moderate but steadfast policy." Mr. Bing ham eloquently appealed for such legislation as should punish treason, and give security and repose to the country. " I beg gentlemen to consider that whoever lays violent hands upon the fabric of just civil govern ment, for the purpose of its overthrow, lays violent hands upon the very ark of the covenant of the living God, and forfeits and should be deprived at once of property and life. Why, sir, there is no interest visible to the eye of man this side of the grave more important to aU classes, old and young, to the innocent and guilty alike, than a wise and just govemment. That Is pre cisely the instrumentality through which it comes to be that men live apart, and separate in families. That is the precise instrumentality through which it comes to be that mothers and daughters are respected and protected in the land, and are not owned and sold as slaves. That is the precise instruraentality through which it coraes to be that little chUdren are secure and protected by the hearthstone. The gentleraan knows that never, since the morning stars sang together, have any people upon this planet come up out of the darkness of savage 13 146 CERTAIN SLAVES TO BE MADE FREE. life to the beautiful and brUUant light of civilization, save under the shelter, care, and protection of civU government ; and yet, when these armed traitors strike at thia most beneficent and wisest of all governments ever given to the children of men, and we propose to disarm them by taking from them the means by which and through which they would accomplish their destruc tive purposes, the gentleman rises, and talks about the inhumanity of auch legialatlon." Mr. Duell (Rep.) of New York said, "In view of these things, it becomes a question of no small moment. What ought the Government to do with slavery now ? T^Tiat policy, if any, should the loyal men of the coun try adopt respecting the future treatment of this cancer upon the body politic? The reply which ought, in my judgment, to be made to these questions, is this : 'Since slavery made the war, let slavery feel the war.' " Mr. Patton (Rep.) of Pennsylvania urged action; nnd Mr. Hickman opposed the bills, " because the Prea ident had all power now." Mr. Crittenden thought these bills tended to create the idea, " that our whole aim is to make the war an abolition measure." Mr. Love joy (Rep.) of Illinois resumed the discussion on the 24th of April. " I am for the Union entire," declared Mr. Lovejoy ; " but I am not for the return of the domi nation and tyranny of slavery, which has not allowed me for the last quarter of a century to tread the soil of more than one-half of the Territories of these United States. ... I insist, therefore, that slavery must perish, in order that American citizens may haye the enjoyment of all their rights. I desire the seceded States to come back, but to come in such manner that I can enjoy the CERTAIN SLAVES TO BE MADE FREE. 147 privileges of an American citizen within their limits. I have been excluded long enough. In other worda, I want them to come back free, and not slave States. Long enough have American citizens been subjected to the cord and knife, and last, and worst of all, the ter rible indignity of the scourge, for no other cause than holding and uttering principles in favor of freedom, im partial and universal. . . . The gentleman froni Ken tucky says he has a niche for Abraham Lincoln. Where ia it? He pointed upward. But, air, should the Presi dent follow the counsels of that gentleman, and become the defender and perpetuator of human slavery, he should point downward to some dungeon in the temple of Moloch, who feeds on human blood, and Is surrounded with fires, where are forged manacles and chains for human limbs ; in the crypts and recesses of whose temple, woman is scourged and man tortured, and out- aide the walls are lying dogs gorged with human flesh, as Byron describes fhem stretched around Stamboul. , That Is a suitable place for the statue of one who would defend and perpetuate human slavery. . . .1, too, have a niche for Abraham Lincoln ; but it ia in Freedom's holy fane, and not in the blood-besmeared temple of 'humaii bondage; not aurrounded by slavea, fetters, and chains, but with the symbols of freedom ; not dark with bondage, but radiant with the light of liberty. In that niche he shall stand proudly, nobly, gloriously, with shattered fettera and broken chains and slave-whips be neath his feet. If Abraham Lincoln pursues the path evidently pointed out for him in the providence of God, as I believe he wUl, then he will occupy the proud posi tion I have indicated. That is a fame worth living for ; 148 CERTAIN SLAVES TO BE MADE FREE. ay, more, that is a fame worth dying for, though that death lead through the blood of Gethsemane and the agony of the accursed tree. That is a fame which has glory and honor and immortality and eternal life. Let Abraham Lincoln make himself, as I trust he will, the emancipator, the liberator, as he has the opportunity of doing, and his narae shall not only be enrolled in this earthly teraple, but it will be traced on the living stones of that teraple which reara Itself araid the thrones and hierarchies of heaven, whose top stone is to be brought in with shouting of ' Grace, grace unto it 1 '" Mr. Roscoe Conkling deraanded the previous ques tion on Mr. Olin's resolution to refer the resolutions and bills to a select committee, — yeas 71, nays 47. The question recurring on the adoption of the resolution, Mr. Vallandigham deraanded the yeas and nays, and they were ordered, — yea8_90, nays 31 ; and the Speaker announced, on the 28th, the following as the commit tee, — Abraham B. Olin of New York, Thomas D. Eliot of Massachusetts, John W. Noell of Missouri, John Hutchins of Ohio, Robert MaUory of Kentucky, Fernando C. Beaman of Michigan, and George T. Cobb of New Jersey. Mr. Olin, at his own request, waa excused from serving on the committee ; and Mr. Sedgwick (Rep.) of New York was appointed. On the 30tli, Mr. Eliot, by unanimous consent. In troduced two billa, which were severally read a first and second time, referred to the special comraittee on the confiscation of rebel property, and ordered to be printed : " A bUl to confiscate the property of rebels for the payment of the expenses of the present RebeUion, and for other purposes ; ' and " A bill to free from ser- CERTAIN SLAVES TQ BB MADE FREE. 149 vitude the slaves of rebels engaged in abetting the existing Rebellion against the Govemment of the United States." On the 14th of May, Mr. Eliot reported back these bills by the direction of the committee ; and, on the 20th, the House proceeded to their consideration. The debate ran through several days, and was partici pated in by several members. Mr. Eliot (Rep.) of Massachusetts opened the debate in support of these twin measures of confiscation and emancipation, and closed by saying, "The strength of our Government, the resources of its loyal citizens, the young men of our homes, the hope and the pride of our Ufe, have bean offered up a free sacrifice upon the altar of their country. The war yet continues. Hundreds of thousands of rebel soldiers compose their armies, led on in the field, and sustained in council and in Congress, by traitors, whose property, eraployed for your destruction , thia bUl wUl confiscate, and wtiose slaves your rightful action wiU set free. My friends, let there be no hesita tion here. The time has corae. Your country deraands your intervention. By your aUegiance to the Constitu tion you have sworn to protect, aud the free institutions our fathers established, I invoke you to consummate quickly this needful legislation, which shall crush out this foul Rebellion, and insure domestic tranquUUty for evermore." Mr. Noel (Union) of Missouri supported these bills, " as the only means by which our loyal people can be protected." — "I would set free," said Mr. Riddle (Rep.) of Ohio, " the slaves of every man and woman engaged in this Rebellion. The guilt of the master should inure at least to the benefit of the slave, and 13* 150 CERTAIN SLA-VES TO BE MADE FREE. from this huge crime should spring a greater bene ficence." — "It ia slavery," said Mr. Windom (Rep.) of Minnesota, " that vitiated the conscience, destroyed the morals, brutalized the soul, and, in its own foul fens, generated these monsters of wickedness, whose mad attempts to destroy the Republic are characterized by the frightful excesses to which I have referred. All he want, misery, strife, treachery, bloodshed, barbari- ity, and desolation, which now stalks through this oncer happy country, have their origin in the fell aystem of human bondage which it has nourished and protected." Mr. Voorhees (Dem.) of Indiana addressed the House in condemnation of the policy of the Government. Mr, Lansing (Rep.) of New York, in an eamest speech, said, " As my abhorrence of slavery could not be in creased by its abuses, if it is capable of thera ; so no mitigation of the systera, if it is capable of mitigation, could lessen that abhorreftce. No matter to me whether every slaveholder were either a Legree or a Sf, Clair : my detestation of the system would be the same in either case ; for, sooner or later, it will involve in itself every other crime," Mr. Mallory (Dem.) of Ken tucky followed Mr, Lansing in an elaborate speech. He " entered his solemn protest " against the charge, that slavery was the cause of the war, "I am no propagandist of slavery," he avowed, " I ara the owner of slaves, and the descendant of men, who, as far back as I can trace them in America, were the owners of alavea ; and I have made the declaration upon thia floor, that the condition of alavery ia the very best con dition in which you can place the African race. That is my deliberate conviction. I mean here in the United CERTAIN SLAVES TO BE MADE FREE. 151 States of America, and in those States where slavery exists." Mr. Wallace (Rep.) of Pennsylvania spoke for the adoption of these measures, and Mr. Phelps (Dem.) of Missouri followed in opposition. "We have held back," said Mr. Blair (Rep.) of Pertnsyl- vania, " these powerful engines of raiUtary policy, in the hope that the enemiea of the nation would return to reason and repentance. At all events. It is tirae for us to try what virtue there ia in downright earnestness of purpose, I have not a fear of its results, either upon the war, or upon the welfare of the people South or North, I beHeve that even this generation will realize the bless ings which will flow frora such a policy. It wUl teach the world two things better than they have ever been taught before, — the unity of this nation, and the unity of the huraan faraily. When Peace shall corae again, she will not tarry with us as a wayfarer, but wUl dwell with us. The nation, with all cause of fraternal strife banished, will be fitted for a better life ; and, wherever its flag shall float, it will command the respect and the honor and the love of men." Mr. Rollins (Rep.) of New Hampshire earnestly advocated the measures. "The path of duty," he said, "never shone ao bright for a peopl^ aa it doea for us to-day. As we advance, it grows brighter. The President's message recom mending emancipation was the rending of the veil. The gift of freedom to a few poor, but oh I how grate ful recipients, has returned to bless the hearts of mil- liona who bestowed it. A deed raore rich in virtue, more fruitful in the approving of conscience, more blessed with the smiles of Almighty God, stands not on the records of this nation." Mr. Kerrigan (Dem.) of 152 CERTAIN SLAVES TO BE MADE FREE. New York spoke next in opposition to these bUls, because they tended " to create distrust in the publio mind." Mr. Menzies (Opp.) of Kentucky opposed any legislation, but declared that " we are not bound to prevent the escape ofthe slaves of rebels, if they are in the way of our armies. We are not bound to prevent our soldiers fi-om using them, when they can be turned to our advantage. We make no war upon slavery in the States. We are fighting for the Constitution, If slavery is necessarily and incidentally injured in the progress of the war, set the injury down to the account of the Rebellion. They would have it. The rebela must attempt the destruction of their bulwark, the Con stitution : we must defend it. Their slaves may take advantage of the conflict and confusion to desert such sUly maatera. Such injury is chargeable to those who make war upon the Government." Mr. S. C. Fessen den (Rep.) of Maine thought "the early antislavery men have lived to see that ' he who has God on his side is always in the majority.' We learned the lesson at their feet, and from their success to rely upon the merits of our cause and upon God, who to the right will give the victory," Mr. Grider (Opp.) of Ken tucky was now opposed to confiscation and emancipa tion. Mr. Babbitt (Rep.) of Pennsylvania was com pelled by his aettled convictlona to say, that, in his opinion, " one of the most efficient means of speedily crushing out the Rebellion and preserving the Union would be the adoption of measures upon the basis in dicated in the bill before us for freeing from servitude the slaves of persistent rebel masters." Mr. Sheffield (Dem.) of Rhode Island earnestly opposed the policy CERTAIN SLAVES TO BE MADE FREE, 153 of confiscation and emancipation embodied in these bUls, as unauthorized by the Constitution, Mr. Sedgwick (Rep.) of New York offered an amend ment to the bill. " The recital of that amendment avers," said Mr. Sedgwick, " that eleven States formerly of the Union, combined together under the title of ' The Con federate States of America,' have made war upon and rebeUed against the Government of the United Statea, and continue in such war and rebelUon. Upon that fact I propose to base an enactment, by which it shall be the duty of every commanding officer of a naval or mUi tary department, within any portion of those States, in some way, by proclamation or otherwise, to invite aU loyal persons — and I mean to include in that slaves — to come within the Hnes, and be enrolled in the service of the United States ; and I mean by that any service which they can render, civU or mUitary : and that it ahaU be the duty of such commanding officers to enroll every such person, and employ such of them as may be necessary in the service of the United States ; and the reward for that service I propose to make freedom to them and their descendants for ever. I include in that the slaves not only of rebels, but of persons claiming to be loyal ; but I propose for these compensation, and I also propose compensation for the services of aU such as may be claimed by widows and minors. I claim the right to thia enactment under the war power ; and I ahall attempt to ahow that it exists, and that it is within the power of Congress to legislate in regard to it. I will have no disguise of my opinions or intentions. My stand upon the subject is open to all observation. 1 am for destroying this hostile institution in every State 154 CERTAIN SLAVES TO BE MADE FREE. that has made war upon this Government : and, if we have military strength enough to reduce them to pos session, I propose to leave not one slave in the wake of our advancing armies ; not one." — "I believe," declared Mr. F. P. Blair, jun. (Rep.) , of Missouri, " that, as long as the negro race remains here, there is no hope, no pos sibUity, nor is it In any aspect desirable, that they should have any share in the poHtlcal power of the country. I think that the Almighty intended them for the tropics, or that the tropica were intended for them : one or the other is true. Every attempt on the part of the human race to frustrate that intention has brought destruction on the men who attempted it." — "Are we," Inquired Mr. Spaulding (Rep.) of New York, "to be struck hard at every opportunity, without giving hard blows in return ? I trust not. War meana to strike often, and atrike hard on both sides, — ' an eye for an eye, and a tooth for a tooth.' War teaches us to use all the meana within our power to strengthen ourselves and to weaken our enemy. Let us weaken hira in every possible way within the rules of civilized warfare. We should atrike him personally, strip him ofhis property, and strike the ahacklea frora every slave, that, by his labor and services, gives him support. These are the rights of war ; and I am prepared to see them fully enforced." Mr. Sargent (Rep.) of California desired "to see this Rebellion utterly overthrown ; and therefore I vote for these measures." Mr. Loomis (Rep.) of Connecticut aaid, • " We are told that the Constitution is in the way. But I remember how the Constitution has been perverted from the first in aid of these conspirators against the life of the nation. It has been like a jug, with the handle CERTAIN SLAVES TO BE MADE FREE. 155 on the rebel side. Every single step which the National Government has taken in the asaertlon of ita rightful prerogatives haa been met with the same cry, — ' Stop ! you are violating the Constitution I ' At the Cora- menceraentof the Rebellion, the Constitution had become so perverted in its construction, as to become Uke MU- ton's bridge, that led — ' Smooth, easy, inoffensive, down to hell.' As we look backward through the history of the usurpa tions of the slave power in our land, it seems to have been a deliberate purpose ao to emasculate our organic law as to raake secession easy. The Conatitutlon waa all bristling with vitality and power to guarantee, protect, and extend slavery, although slavery was nowhere named in that sacred instruraent ; whUe liberty, though every where guarded by the most explicit guaranties, has had no more meaning for many years past, in the estiraation of proslavery commentators, than it had in the old French dictionary, where it was defined only as ' a word of three syllables.' " Mr. Holman (war Dem.) of Indiana made an ear nest and eloquent speech against the policy of emanci pation, because it would " divide your councUs, and weaken the strength of your armies." "As one of the representatives of Indiana," he said, "I have supported, sir, and wUl still support, every just measure of this Administration to restore the Union. No partisan in terest shall control me when the Republic is in danger. I place the interest of my country far above every other interest. I will make any sacrifice to uphold the Gov ernment ; but I will not be deterred from condemning. 156 CERTAIN SLAVES TO BE MADE FREE, at this time, thia or any other series of measures — the offspring of misguided zeal and passion, or the want of faith in our people — ^' which tends to defeat the hope of a restoration of the Union, The citizen soldier, stricken down in battle or worn out by the weary march, falla a wUling aacrifice for the Constitution of his country, and his dying eyes light up with hope as they catch the gleam of ita atarry aymbol, while we deliberate on measures which would overthrow the one, and blot out the stara from the other," Mr, Julian (Rep.) of Indiana made a vigoroua and eloquent apeech in favor of the extinction of slavery in the rebel States, "This clamor for the Union as it was," he said, "comes from men who believe In the divinity of slavery. It comes from those who would restore slavery in this district if they dared ; who would put back the chains upon every slave made free by our army; who would completely re-establish the slave power over the National Government, as in the evU days of the past, which have culminated at last in the present bloody strife ; and who are now exhorting us to ' leave off" agitating the negro question, and attend to the work of putting down the Rebellion,' Sir, the people of the loyal States underatand thia queation. They know that slavery lies at the bottom of aU our troublea. They know, that, but for this curse, this horrid revolt against Uberty and law woidd not have occurred. They know that all the unutterable agoniea of our many battle- fielda, all the terrible sorrows which rend so many thou sands of loving hearts, all the ravagea and desolation of thia stupendous conflict, are to be charged to alavery. They know that its barbarism has moulded the leaders CERTAIN SLAVES TO BB MADE FREE, 157 of this Rebellion into the most atrocious scoundrels of the nineteenth century, or of any century or age of the world. They know that it gives arsenic to our soldiers, Ihocks at the agonies of wounded enemies, fires on defenceless women and children, plants torpedoes and infernal machines in its path, boils the dead bodies of our soldiers in caldrons, so that it raay raake drinking- cups of their skulls, spurs of their jaw-bones and finger joints aa holiday presents for ' the first faraUies of Vir ginia ' and the ' descendants of the daughter of Poca hontas.' They know that it has originated whole brooda of criraes never enacted in all the ages of the past ; and that, were It possible, Satan himself would now be ashamed of his achievements, and seek a change of occupation. They know that it hatches into life, under its infernal incubation, the very scum of all the vUlanies and abominations that ever defied God or cursed hia footstool ; and they know that it is just as impossible for them to pass through the fiery trials of this war, without feeling that slavery is their grand antagonist, as it is for a man to hold his breath, and live." Mr. Arnold (Rep.) of lUinois eloquently aaid, "The cause which bore the cross in 1850 wears the crown to day. ' No power can die that ever wrought for truth,' whUe the political graves of recreant statesmen are elo quent with warnings against their mistakes. Where are those Northem statesmen who betrayed liberty in 1820 ? They are already forgotten, or remembered only in their dishonor. Who now believes that any fresh laurels were won in 1850 by the great men who sought to gag the people ofthe free States, and lay the slab of silence on those truths which to-day -write themselves down, 14 158 CERTAIN SLAVES TO BE MADE FREE, along with the guilt of slavery, in the flamea of civil war ? Has any man in the whole history of American politics, however deeply rooted his reputation or godlike his gifts, been able to hold dalliance with slavery, and live ? I believe the spirit of liberty is the apirit of God ; and, if the giants of a past generation were not strong enough to wrestle with it, can the pigmies of the pres ent? It has been beautifully said of Wilberforce, that he ' ascended to the throne of God with a million of broken shackles in his hands as the evidence of a life well spent.' , History will take care of his memory ; and when our own bleeding country shall again put on the robes of peace, and Freedom shall have leave to gather up her jewels, she will not search for them among the political fossils who are now seeking to spare the rebela by pettifogging their cause in the name of the Constitu- tution, while the slave power is feeling for the nation's throat." Mr. Harding (Opp.) of Kentucky pronounced the policy of eraancipating the slaves of rebels " the weak est and most disastrous policy ever thought of." Mr. Richardson (Dem.) of Illinois said, "The bUla now under consideration propose to violate not only your pledges, but, at the same time, the Constitution. You forget your proraises : you advocate these bills, and urge their passage through this House." — " Pass these bills under consideration," said Mr. Dunlap (Opp.) of Ken tucky, " and we enter upon a new life. A new stage is erected before us ; and upon it, for weal or for woe, we shall have to encounter the realities of an untried experiraent." Mr. Clements (Union) of Tennessee opposed the bUls. Mr. Noel of Missouri earnestly ad- CERTAIN SLAVES TO BE MADE FREE. 159 vocated the bUls. He aaid, " Perhaps, sir, in standing up here for the safety and security of the loyal people there, I may be signing ray political death-warrant : but, sir, if I go down, I wiU go down, like the heroes of the ' Cumberland,' with my flag stiU flying ; and my last act shall be that of pouring a broadside into the ranks of treaaon. . , , I was charmed with the eloquence of the distinguiahed gentleman from Massachusetts (Mr, Thomaa) a few daye aince. To hia patriotic aentiraenta I heartUy aubacribe. In devotion to the Constitution, I claim to go as far as he. We look at it, however, from a different standpoint, and give it a different con struction. When I heard his impassioned language, my pleasure was not unmixed with pain. My mind ran back to the desolation and ruin of my own section. I wondered how it could be that a gentleman haUing from a district in the Old Bay State, which had fur nished so many jewels in the crown of our national glory, could find no balm in the Constitution to cure the Uis of patriots and loyaUsts, or guaranties for their security and protection. Sir, must I go back to the persecuted Union men of Missouri, who have been robbed and plundered without mercy By their rebel ene mies, and teU them that the Constitution is in the way of any effective legislation that would hold the enemy's property as security for their safety ? Must I tell them that their wives wiU have again to 'do Uke the mother of Ishmael, — take up their little ones, and flee to the wUderness ? " " The men who have instigated this Rebellion," said Mr, Ely (Rep.) of New York, "not upon the impulse of a day, but as the culmination of passions which have 160 CERTAIN SLAVES TO BE MADE FREE. \ been nursed for a generation, and which have not merely become as enduring as life, but which wiU be transmit ted as heir-looms of hate from father to son, are the great land barons of the South. They have nursed their pride in stately mansions, and by the contemplation of broad acres. They will never forgive or forget the grief of the defeat which is impending over them. They never can or wUl become truly loyal ; and, if we leave them in possession of the estates which have made them powerfiil, it is impossible that the South will be in our day any thing but a slumbering poUtical volcano, liable at any moment to belch forth smoke and fire and devas tating lava." Mr. Shanks (Rep.) of Indiana thought it " strange that an American Congress should _ be ao unaccountably infatuated with the high crime of slavery aa to falter and fall before It even in its treasons." Mr. Hutchins (Rep.) of Ohio could " aee no reaaon why loyal white men should be obliged to go to the South, with its sultry climate, and endure all the dangers and hard ships of that climate, from tenderness to the views of loyal slaveholders." Mr, Beaman (Rep.) of Michigan eloquently advocated these raeasurea of confiscation and emancipation, " Can it be doubted that the rebela are in earnest? Doea any man imagine that they wUl ever yield, and lay down their arms, until compelled to do so by force ? Do they now employ any thing less than their entire resources, energy, and skUl? Will the taking away of four mUlions of their population — three- fourths or more of their industrial classes — increase their hopes, courage, and capacity for evil? , . . It has been repeatedly intimated on this floor, that the paaaage of these biUs, and especially of the one contemplating CERTAIN SLAVES TO BE MADE FREE. 161 a contingent emancipation of alaves, would create dis sensions at the North, and seriously impair the efficiency of the army. Indeed, gentlemen have gone the length to predict that it would result in mutiny, and cause the troops to lay down their arras, and disband. . . . Does any sane man believe that Northern freemen engaged in this war for the purpose bf protecting and sustaining slavery ? Why should they secure to the master his slave, rather than his cotton, his horse, or his ox? What cause of animosity have they against the poor bondman ? What interest have they in maintaining and perpetuating the peculiar institution? What object have they in strengthening the resources of the enemy ? Whence comes thia deep and all-absorbing love of slavery in the hearts of Northern freemen, — a love that comraands thera to forget country, the graves of raur dered brothers, and even the necessary means of self- preservation ? Does it corae frora party ties and party influences ? The love of country is stronger than the love of party. Republicans are not wedded to the institution , and Slavery slew Deraocracy in the Charles ton Convention. Slavery, according to a senator frora South Carolina, raade these sarae Northern freemen mud-sills. Slavery made Kansas a field of blood. Slavery has destroyed freedom of speech, and freedora of the press. Slavery has whipped, driven from their homes, and even hung, inoffensive native-bom American citizens. Slavery has sraitten with blight and mildew fifteen States of the Union, and barbarized millions of our population. And, finally, Slavery has made war upon the United States, and has already slain fifty thou- eand of her loyal men. Mutiny, disband, and lay down 14* 162 CERTAIN SLA-VES TO BE MADE FREE. their arms, because you remove poison frora their cups, and turn pistoia from their breasts ! Mutiny, disband, and lay down their arms, lest you should, in self-defence, strangle the monster, the serpent in this our garden of Eden, — the author of all our woes I " — "Slavery, being in itself wrong," aaid Mr. Rice (Rep.) of Maine, "can, as a system, only be secure in wrong government ; being contrary to natural right and justice. It knows no laws but those of aggression and force ; being in the habitual exercise of despotic power over an Inferior race, it learna to despise and disregard the rights of all races. It has ' sown the wind ; ' let it ' reap the whirlwind.' By the laws of peace, it was entitled to protection, and had it ; by the laws of war, It is entitled to annihilation. In God's name, let it still have its right." ¦ Mr. Han chett (Rep.) of Wisconsin declared, that he "who chooses to brave the moral sense of mankind, by affect ing to own man as property, does so with a full appre ciation of all moi-al, social, and political consequences. He who paya hia money for human braina and human lega doea ao with the full knowledge that brains were made to think, and that legs were made to run. He takes his risk for time and for eternity, for peace and for war, for good or for evil, subject to all the incidents of his unnatural tenure." Mr. Hanchett closed his remarks with the declaration, that "all the people ask of the Administration is, that they yield neither to local pre judices or interest on the one hand, nor neglect the plain suggestions afforded by current events on the other ; and that, to save the loyalty of a few slavehold ers, the patriotic aspirations of millions of unconditional Union men be not divided and crushed." CERTAIN SLAVES TO BE MADE FREE. 163 Mr. Price (Opp.) of Missouri was "utterly opposed to any raeasure which looks to the emancipation of slaves, without the free consent of their masters." Mr. Price thought, for " the origin of the war," we must " go quite behind the negro : " the true cause was " the lust of power, restless and unsatiable ambition. It is," he declared, "this unrepublican fondness for distinction, parade, and display, this itching for fame, and insatia ble thirst for power, that has led to all our present troubles. South-CaroUna politicians and wealthy plant ers desired to become lords teraporal ; and Charleston merchants desired to become princes under King Cotton, and control the commerce of the world. With the raadraan's purpose of accomplishing these objects, they inaugurated a revolution. I utter no threats nor im precations, nor shall I shed teara of pity if the bold traitora who invoked this storm should be whelmed for ever beneath its fiery waves. It would only be poetic justice if that pestilent triangle, that has never grown any thing but rice, tar, and treason, should be devoured by the fires of its own kindling." Mr. Kellogg (Rep.) of Illinois would "Support these measures to cripple the energies of the rebels, and put an end to this desolating war. "We should not in our legislation," he said, " strike at the unthinking and the unwitting dupes of designing men ; but we should strike at those whose heads have conceived, and whose hearts have been en listed in, this work." Mr. Thomas (Opp.) of Massa chusetts raade an elaborate, able, and eloquent speech in opposition to these twin measures of confiscation and emancipation. "That the bUls," he said, "before the House are in violation of the law of nations, and of 164 CERTAIN SLAVES TO BE MADE FREE. the Constitution, I cannot — I say it with all deference to others — I cannot entertain a doubt. My path of duty is plain. The duty of obedience to that Constitu tion was never more imperative than now. I am not disposed to deny that I have for it a superstitious rever ence. I have ' worshipped it frora my forefathers.' In the school of rigid discipline by which we were prepared for it, in the struggles out of which it was born, the seven years of bitter conflict, and the seven darker years in which that conflict seemed to be fruitless of good, in the wisdora with which it was constructed and first administered and set in motion, in the beneficent Gov ernment it has secured for raore than two generations, in the blessed influences it has exerted upon the cause of freedom and huraanity the world over, I cannot fail to recognize the hand of a guiding and loving Provi dence. But not for the blessed raeraories of the past only do I cling to it. He raust be blinded ' with excess of light,' or with the want of it, who does not see that to this nation, trembling on the verge of dissolution, it is the only possible bond of unity." Mr. Train (Rep.) of Massachusetts thought the Vir ginia and Kentucky resolutions of 1798, originally brought forward to embarrass the administration of John Adams, have done their work ; that " the germ of disso lution then planted has been industriously nursed by de signing men and inborn traitors, until now the country is reaping the bitter fruit. Slavery has added its influence in bringing about the Rebellion, and a most potent and sinful one. It is an unmitigated curse, and a deadly evil ; but thia Rebellion would have occurred without it. When you add the workings of slavery tp the doctrines CERTAIN SLA-VES TO BE MADE FREE, 165 I have alluded to, every hour brings you with lightning speed to practical secession. Slavery debases every white person with which it comes in contact, socially and politically. It creates a difference of classes incom patible with a republican form of government ; it makes the master impatient of control, and insubordinate as a citizen of the State, as it compels the master to hold a large amount of land to raake slavery profitable ; it creates a landed aristocracy, who, living upon the labor of others, learn to look down with contempt upon those who regard labor as honorable ; and finally it creates a class of poor whites, who, with the rights of citizens, are as ignorant and degraded as the blacks, and who were easUy inflamed to political madness, when the masters, rankUng at the loss of political power, and to some of them the stUl greater loss of the opportunity to steal from the public treasury, applied the doctrine of State rights, and practically of open secession. If, then, the event of the Rebellion shall annihilate the doc trine of State rights, the Union may be restored, though slavery remains stat nominis umbra." Mr. Whalley (Union) of Virginia briefly and earnestly advocated the pending bUls. Virginia, he declared, was mobbed out of the Union ; and the people of Western Virginia ap pealed to the people of the loyal Statea for aid, and "Massachusetts, responding to our call, loaned us ten thousand stand of arms." He eraphatically declared, " If the policy is carried out which is contended for by sorae of the gentlemen who are opposed to confiscation, let me tell them, however honest they may be in their opinions to the contrary, the united South and their sympathizers in the North wUl once more take possession 166 CERTAIN SLAVES TO BE MADE FREE, of this Government, and fill every seat in this House with traitors, and our liberty wUl be at an end. If we re ceive them back into full fellowship, with their hands all dripping with the blood of their countrymen, do you suppose that we of Western Virginia can live upon Vir ginia soil? Do you suppose that the patriots of East Tennessee can remain quietly in their homes ? No, sir. I say to the gentleman from Massachusetts (Mr. Thomas), if it is unconstitutional to coi^fiscate the property of these rebels, our Constitution is a failure, and our Government Is at an end ; and I had rather go with my family, and live among the wild savages of the West, than reraain in Western Virginia." Mr. Ashley (Rep.) of Ohio assert ed, that, "raore than a year ago, I proclairaed, to the constituency which I have the honor to represent, my purpose to destroy the institution of slavery, if it became necessary to save the country, — aa I believed then, and still believe it is, — in every State which had rebelled, or which should rebel, and make war upon the Govern ment. I then demanded, as I now demand, ' that not a single slave claimed by a rebel slave-master shall be delivered up if he escape, or be left in the wake of our advancing and victorious armies.' I then declared, aa I now declare, that 'justice, no leaa than our own aelf- preaervatlon as a nation, required that we should confis cate and emancipate, and thus secure indemnity for the past, and security for the future.' " Mr. Killinger (Rep.) of Pennsylvania thought we were "in danger of doing too much, not too little, on this interminable negro question." Mr. Gurley (Rep.) of Ohio earnestly pressed the duty of extending confiscation to the slaves of disloyal CERTAIN SLAVES TO BB MADE FREE, 167 masters, " I see not," he said, " why property in slaves so called should be regarded as more sacred in title than houses, lands, gold, and sUver. Tme, the man who is called a slave bears the image of God ; there is upon him the moral impress of the Almighty ; it is generally believed also that he has a soul, or spirit, that is immor tal ; and it is the common expectation, that he will sit down in heaven side by side with his master : but is it for this that he must, amid all the changes and chances of govemment, of war and peace, irrevocably remain in servitude, while every other species of property ia taken from rebels ? Is it, then, true that property in husbands, wives, and chUdren, is so intensified in value, that even hard coin may be taken, but these never? By what rule, pray, of justice, huraan or divine, or of law, ahaU we eeize the horses of rebels, and pass by their alaves, when one of the latter is practically worth in thia war twenty of the forraer?" Mr, White (Rep.) of Indiana advocated the bills, and Mr. Nugen (Dem.) of Ohio opposed their enactment. Mr. Cox (Dem.) of Ohio deUvered a lengthy 'and discursive speech on eman cipation and its results. He denied that " slavery waa the cause of the RebelUon : " it was " the occasion, not the cause," He believed secession "the worst crime since Calvary," but was " at as great a loss how to appor tion the guUt between secession, and abolition which begat it, as I would be to apportion the guilt of the cru cifixion between Judas and the Roman soldiers, , , , Must these Northem fanatics," he asked, "be sated with negroes, taxes, and blood, with division North and devastation South, and peril to constitutional liberty everywhere, before relief shall corae? They wUl not 168 CERTAIN SLAVES TO BE MADE FREE. halt until their darling schemes are consuraraated. History tells us that such zealots do not and cannot go backward." Mr. Wickliffe (Opp.) of Kentucky had been nearly fifty years devoted to the service of the country ; and, old and crippled, he was sent there to do all he could to restore the Union as it was, to preserve the Constitution, and enforce the laws. He had served with John Quincy Adaras in Congress, and he was " bound to ascribe his hatred of the South and its insti tutions to his overthrow in 1828 as President. Mr. Adams had been the founder, and for life the leader, of that party in the North which made constant war upon the institution of slavery within the States. It is on his wUd, heated, and monstrous doctrine," he declared, " that the advocates of emancipation by t'he war of the present day base their claira of the power." No lan guage could express his abhorrence of the act of organ izing a brigade of slaves by Gen. Hunter. " I have," he declared, "introduced a bill to prohibit this outrage, this wrong upon humanity, this stigma upon the charac ter of the nation, which no 'repentance, not of long rolling years, wUl efface." Mr. Walton (Rep.) of Vermont made an elaborate argument on the power to enact the pending bUla, and in favor of the Senate bill, Mr, Law (Dem.) of Indiana emphatically declared that " the man who dreama of cloaing the preaent un happy contest by reconstructing thia Union upon any other basia than that prescribed by our fathers, in the compact formed by them, ia a madman, — ay, worse, a traitor ; and should be hung aa high as Haman. Sir, pass these acts, confiscate under these biUs the prop erty of these men, emancipate their negroes, place arma CERTAIN SLAVES TO BE MADE FREE. 169 in the hands of these huraan goriUas to murder their masters and violate their wives and daughters, and you wiU have a war such as was never witnessed in the worst days of the French Revolution, and horrors never exceeded in St. Domingo, for the balance of this cen tury at least." Mr. Maynard (Union) of Tennessee doubted " the power of Congress under the Constitution to pass either of these bUls ; " and he waa " opposed to the exerciae by Congreaa of any doubtful powera." Mr. Eliot, Chairman of the Select Comraittee, closed the debate in an earnest appeal to the House to " show, that ao far as we are concerned, as the Legislature of the country, as the Congress of the United States, we are wiUing, so far as we are constitutionally able, to hearken to the cry of our people, to uphold and strengthen the arms of the Governraent, and condemn the property of rebel enemies, which is now employed for the overthrow of our Constitution and our laws." After the passage of the Confiscation BUl, the speaker stated that the next question was the House biU to free from servitude the slaves of rebels engaged in or abet ting the existing RebeUion, and that the question waa first on Mr. Blair's amendment to Mr. Sedgwick's amendment. Mr. Blair demanded the yeaa and nays, and they were ordered, — yeas 52, nays 95. The question then recurred on Mr. Sedgwick's araendraent ; and Mr. Holraan demanded the yeaa and nays, and they were ordered, — yeas 32, nays 116. The ques tion recurred on Mr. Walton'a araendraent to Mr. MorrlU'a amendraent, and it waa lost, — yeas 29, nays 121 ; and the question recurred on Mr. Morrill's sub- 15. 170 CERTAIN SLAVES TO BE MADE FREE. Btltute, and It was lost, — yeas 16, naya 126. Mr. Eliot's bill was then read a third time. Mr. Vallan digham demanded the yeaa and naya on the passage of the bill, and they were ordered, — yeas 74, naya 78. So the bill was rejected on the 26th of May. On the 27th, Mr. Porter moved a reconsideration of the vote, for the purpoae of moving to recommit the bUl, with inatructiona to report as a substitute the araendraent he had propoaed. The motion coming up on the 28th, Mr. Porter moved to postpone the consid eration of the motion to the 4th of June. Mr. Holman moved to lay the motion to reconsider on the table, — yeas 69, nays 73. The motion to postpone to the 4th of June was agreed to. On the 4th of June, the Speaker stated the business in order to be Mr. Porter's motion to reconsider the vote rejecting the bill to free the slaves of rebels, and recommit the bill with instruc tions. Mr. Porter addressed the House in support of his motion to reconsider and recommit. Mr. Vallan digham moved to lay the motion to reconsider on the table, — yeas 65, nays 86 ; and Mr. Porter's motion to reconsider was then agreed to, — yeas 84, naya 64. Mr. Porter then moved to recorarait, the bUl to the SpecialCommittee, with inatructiona to report his sub atitute ; and the motion was agreed to, — yeaa §4, naya 66. Mr. Eliot, Chairman of the Special Committee, on the 17th of June reported back the original biU, with Mr, Porter'a aubstitute ; and moved several ' amend ments, all of which were ordered to be printed. On the 18th, Mr. Eliot moved a substitute for Mr. Por ter'a amendment, reported by the Select Committee, CERTAIIif SLAVES TO BB MADE FREE. 171 under the instructions of the House. Mr. Eliot's sub stitute provided that all right, title, interest, and claim whatever of every person belonging to six classes, — the sixth including all persons in armed rebellion sixty days after the President shall issue his proclaraation, — in and to the service of any other persons, shall be for feited, and such persons shaU be for ever discharged from service, and be freemen ; and that the Presi dent appoint comraissioners to carry the act into effect. Mr, Eliot's amendraent was agreed to, — yeas 82, nays 54; the substitute, as araended, was agreed to, — yeas 83, nays 52 ; and the biU, as amended, waa paaaed, — yeaa 82, nays 54. On the 23d of June, the Senate proceeded to the con sideration of the House bill, passed on the 26th of May, to confiscate the property of rebels. Mr. Clark raoved to araend it by atriking out aU after the enacting clauae, and inaertlng the bUl reported by the Select Cora mittee of the Senate, which combined confiscation and emancipation. Mr. Saulsbury (Dera.) of Dela ware addressed the Senate on the 24th of June in op position to the poUcy of confiscation and eraancipation. On the 27th, the debate was resumed by Mr. Cowan, Mr. Trumbull, Mr. Howard, Mr. Browning, Mr. Dix on, and Mr. Sumner. Mr. Trumbull, in reply to Mr. Saulsbury, said; " When a negro rushes in to save the life of my brother or my son from the bayonet of a traitor against thia Government, and knocka up tho weapon that is airaed at his lUe, I wUl aay ' God speed' to the negro, and I wUl encourage hira to do it again. Sir, no traitor shall come and raurder my chUd or my brother, or any soldier of my State or my country. 172 CERTAIN SLAVES TO BE MADE FREE. who is fighting for this Union, with ray consent. If there is a negro or anybody else in God's world that has got an arra to atrike hira down, I will say, ' Strike ! ' I care not who it Is." — "Let rae confess frankly," said Mr. Sumner, " that I look with raore hope and confidence to liberation than to confiscation. To give freedom is nobler than to take property : and, on this occasion, it cannot fail to be more efficacious ; for, in this way, the rear-guard of the Rebellion wUl be surely changed into the ad-yance-guard of the Union. There is in confiacation, unleaa when directed against the criminal authors of the Rebellion, a harshness incon sistent with that mercy which it is always a sacred duty to cultivate, and which should be manifest in propor tion to bur triumphs, — 'mightiest in the mightiest.' But liberation is not harsh ; and it is certain, if prop erly conducted, to carry with it the smiles of a benig nant Providence." On the 28th, the debate was continued by Mr. Wilkinson, Mr. Cowan, Mr. Sum ner, Mr. Clark, Mr. Doolittle, Mr. Pomeroy, Mr. Sherman, Mr. Wade, Mr. Fessenden, and other sen ators. Mr. Clark's amendment to the Confiscation BUl of the House was agreed to, — yeas 21, nays 17. Mr. Trumbull moved to araend by inserting the House bill to free the slaves of rebela. After debate, Mr. TrurabuU withdrew his amendment. . The vote waa taken on concurring in Mr. Clark'a amendment adopt ed in committee, — yeaa 19, naya 17 ; and the biU as amended was then passed, — yeas 28, nays 13. In the House, on the 3d of July, the Confiacation BUl, as amended by the Senate, was taken up for considera tion. Mr. Crisfield (Dem.) moved to lay the amend- CERTAIN SLAVES TO BB MADE FREE, 173 ment on the table, — yeas 48, nays 81. The question was then taken on the Senate amendment, and it waa non-concurred in, — yeas 8, nays 124. The Senate, on the 8th, proceeded to the considera tion of the Confiscation BUl. Mr. Clark moved to insist, and ask a Committee of Conference. Mr. Sher man mdved to recede, — yeaa 14, naya 23. On Mr. Clark's motion to insiat, and ask a Committee of Con ference, the yeas were 28, and the nays 10; and Mr. Clark, Mr. Harris, and Mr, Wright, were appointed. The House, on the same day, on motion of Mr. Eliot, voted to insist on its disagreeraent to the Senate araend ment, and appointed Mr. Eliot, Mr. Wilson (Rep.) of Iowa, and Mr. Corning (Dem.) of New York, a Com mittee of Conference on the part of the House. On the llth of July, Mr. Eliot, from the Conference Com mittee, reported in substance the Senate amendraent pre pared by Mr. Clark. This report combined confiscation and emancipation in one bUl. It provided that all slaves of persons who shall give aid or comfort to the Rebel lion j who shall take refuge within the lines of the array ; all slaves captured frora such persons, or deserted by thera, and coraing under the control of the Govemment ; and all slaves of such persons found on being within any place occupied by rebel forces, and afterwards occupied by the forces of the United States, — shall be deeraed captives of war, and shall be for ever free, and not again held as slaves ; that fugitive slaves shall not be surren dered to persons who have given aid and comfort to the RebelUon ; that no person engaged in the military or naval service shall surrender fugitive slaves, on pain of being disraissed frora the service ; and that the Presi- 15* 174 CERTAIN SLAVES TO BE MADE FREE. dent may employ persona of African deacent for the suppression of the Rebellion, and organize and use them in such manner as he may judge best for the pub lic welfare. Mr. Allen (Dem.) of BUnois moved to lay the report of the Conference Committee on the table, — yeas 42, nays 78; and the report was then agreed to, — yeas 82, nays 42. In the Senate, on the 12th, the Conference Comraittee's report waa conaidered. Mr. M'DougaU moved to lay it on the table, — yeaa 12, nays 28. Mr. Carlile demanded the yeas and naya on the acceptance of the report, — yeaa 27, naya 12. So the report waa accepted ; and the bUl received, on the 17th of July, the approval of the Preaident of the United States. 175 CHAPTER VIL HAYTI AND LIBERU,. MR. SUMNER'S BILL TO AUTHORIZE THE APPOINTMENT OF DIPLOMATIC REPRESENTATIVES TO HATTI AND LIBERIA. MR. SUMNBR'S SPEECH. MR, DAVIS'S AMENDMENT. — MR, DAVIS'S SPEECH. — PASSAGE OF THE BILL. — THE BILL REPORTED IN THE HOUSE. — MR. GOOCH'S SPEECH. — MB. cox's AMENDMENT. — MR. COX'S SPEECH. — MR. BIDDLE'S SPEECH, — MR. KELLET'S SPEECH. — MR. M'kNIGHT'S SPEECH, — MR. ELIOT'S SPEECH, — MR. THOMAS'S SPEECH, — MR, FESSENDEN'S SPEECH. — MR. MAYNARD'S SPEECH. — MR. CRITTENDEN'S SPEECH. — PASSAGE OF THE BILL. IN the Senate, on the 4th of February, 1862, Mr. Suraner (Rep.) of Massachusetts, .from the Com mittee on Foreign Relations, to whom was referred so much of the President's message as relates to the opening of diplomatic relations with the repubUcs of Hayti and Liberia, reported a biU to authorize the President of the United States to appoint diplomatic representatives to the republics of Hayti and Liberia; which was read, and passed to a second reading. On the 2 2d of April, Mr. Suraner moved to take up the bill to authorize the President to appoint diplomatic representatives to the republics of Hayti and Liberia. The motion was agreed to, the bill read a second tirae, and made the special order for the next day. On that day, the Senate, as In Committee of the Whole, pro ceeded to its consideration. It proposed to authorize the President of the United States, by and vvith the 176 HAYTI AND LIBERIA. advice and consent of the Senate, to appoint diplomatic representatives of the United States to the repubUcs of Hayti and Liberia respectively. Mr. Sumner then addressed the Senate in support of the bill in a raod erate and well-guarded apeech. "The independence of Hayti and Liberia," he said, " has never yet been acknowledged by our Government. It would at any time be within the province of the President to do this, either by receiving a diplomatic representative from these republics, or by sending one to them. The action of Congress is not necessary, except eo far aa an appropriation may be needed to sustain a mission. But the President has seen fit, in his annual meaaage, to invite auch action. By thia bill, Congreaa will aaaociate itself with him in the acknowledgraent, which, viewed only as an act of justice, coraity, and good neighborhood, must commend itself to all candid minds. ... A full generation has passed since the acknowledgraent of Hayti was urged upon Congress. As an act of justice too long deferred. It aroused even then the active sympathy of multitudes ; while, as an act for the benefit of our commerce, it was ably com mended by eminent merchants of Boston and New York, without distinction of party. It received the authoritative support of John Quincy Adams, whose vindication of Hayti was associated with hia beat la bors in the other House. The right of petition, which he steadfastly maintained, was long ago established. Slavery in the national capital is now abolished. It remaina that thia other triumph ahall be achieved. Petitioners who years ago united In this prayer, and statesmen who presented the petitions, are dead ; but HAYTI AND LIBERIA. 177 they will all live again in the good work which they generously began." On the 24th, the Senate resumed the consideration of the bUl. Mr. Davis (Opp.) of Kentucky moved an amendment in the nature of a substitute, to strike out aU after the enacting clause, and insert, " That the Pres ident of the United States be, and hereby is, author ized to appoint a consul to the repubUc of Liberia, and a consul-general to the republic of Hayti." Mr. Davia said, " I am weary, sick, disgusted, despondent, with the introduction of the subject of slaves and slavery into this Charaber ; and, if I had not happened to be a mem ber of the comraittee frora which this bill was reported, I should not have opened my mouth upon the subject. If, after such a measure should take eflfect, the republic of Hayti and the repubUc of Liberia were to send their ministers plenipotentiary or their chargSs d'affaires to our Govemment, they would have to be received by the President and by all the functionaries of the Govem ment upon the same terms of equality with simUar representatives from other powers. We recollect, that, a few years ago, the refined French court admitted and received the representative of Soulouque, who then denominated hiraself, or was called, the Eraperor of Do minica, I think." Mr. Sumner: "Of Hayti."— "WeU," continued Mr. Davis, "a big negro fellow, dressed out with his silver or gold lace clothes in the most fantastic and gaudy style, presented himself in the court of Louis Napoleon, and, I adrait, was received. Now, sir, I want no such exhibition as that in our capital and in our Govemment. The American minister, Mr. Mason, waa preaent on that occaalon ; and he waa sleeved by 178 HAYTI AND LIBERIA. some Englishman — I have forgotten his name — who was present, who pointed out to him the ambassador of Soulouque, and said, ' What do you think of him? ' Mr. Mason turned round, and aaid, ' I think, clothes ahd all, he Is worth a thousand dollars.'" Mr. Davis hoped that many colored people would go to Liberia, and cast their destinies In the land of their fathers. " I made," replied Mr. Sumner, " no allusion to the charac ter of the population of those two republics. I made no appeal for them on account of their color. I did not allude to the unhappy circumstance in their history, that they had once been slavea. It ia the aenator from Kentucky who haa introduced that topic into debate. And not only this, sir : he haa followed it by alluding to some possible difficulties — I hardly know how to characterize them — which may occur here in social Ufe, should the Congress of the United States under take at this late day, simply in harmony with the law of nations, and following the policy of civilized commu nities, to pass the bill now under discussion. I shall not follow the senator on those sensitive topics. I con tent myself with a single remark. I have more than once had the opportunity of meeting citizens of these republics ; and I say nothing more than truth when I add, that I have found them so refined, and so fuU of self-respect, that I am led to believe no one of them charged with a mission from his government will seek any aociety where he wiU not be entirely welcorae. Sir, the senator from Kentucky may banish all anxiety on that account. No representative from Hayti or Liberia will trouble him," Mr, Davis's amendment was rejected, — yeas 8, nays 30, The yeas and naya were HAYTI AND LIBERIA. 179 then ordered on the passage of the bUl, — yeas 32, nays 7. So the bill passed the Senate. In the House, June 2, Mr. Gooch (Rep.) of Mas sachusetts moved that the Coraraittee on Foreign Affairs be discharged from the further consideration of the Sen ate biU authorizing the President of the United States to appoint diploraatic representatives to the republica of Hayti and Liberia. Mr. Gooch addressed the House in a clear, concise, and practical speech in support of the raeasure. He aaid, "Justice, sound policy, political wiadora, coraraercial interest, the exaraple of other gov ernments, and the wiahes bf the people of our own, all demand that we recognize the independence of Hayti and Liberia, and that, in our Intercourse with them, wo place thera on the sarae footing aa other independent nations." Mr. Cox (Dera.) of Ohio moved as a substi tute the following amendment : " That there be appoint ed for each of the republics of Liberia and Hayti a consul-general, who shall be authorized to negotiate any treaties of coramerce between said republics and this country." Mr. Cox said that this was "literally a Black-Republican measure. The gentleraan frora Mas sachusetts intends to let Hayti and Liberia send as rainisters whomsoever they please to thia country. If they send negro rainisters to Washington City, the gen tleraan wUl say, they shall be welcoraed as ministers, and have all the rights of Lord Lyons and Count Mer cier." — " What objection," asked Mr. Fessenden (Rep.) of Maine, " can the gentleman have to such representa tives ? " — " Objection ? Gracious heavens I what inno cency ! " exclaimed Mr. Cox. " Objection to receiving a black man on an equaUty with the white men of this 180 HAYTI AND LIBERIA. country ? Every objection which instinct, race, preju dice, and institutions make. What is it for, unless it be to outrage the prejudices of the whites of this country, and to show how audacious the abolitionists can behave ? How fine it will look, after emancipating the slaves In this District, to welcome here at the White House an African, full-blooded, aU gilded and belaced, dressed in court style, with wig and sword and tights and ehoe-bucklea and ribbons and spangles, and many other adornments which African vanity will suggeat I How suggestive of fun to our good-humored, joke-cracking Executive ! With what admiring awe wUl the contra bands approach thia ebony demigod.! whUe aU decent and sensible white people will laugh the silly and ridi culous ceremony to scorn." Mr. Biddle (Dem.) of Pennsylvania followed Mr. Cox. " I cannot," he said, " recognize thia measure as now prompted by that genu ine philanthropy of which political abolitionism is the baseat of counterfeits. Eminent members of the party in power laugh to scorn thia colonization acheme," On the 3d of June, the House resumed the consider ation of the bill. Mr, Kelley (Rep.) of Pennsylvania aaid, "The gentleman from Ohio (Mr. Cox), acting under the new code, indulged himaelf in parading before the House the squalor and ignorance of the recently es caped slaves around us, as a fair portraiture of the con dition of the negro race. He drew a melancholy picture. But how he enjoyed it ! and with what evident satisfac tion he added each sombre tint I The gusto with which he corapleted the work gave some indication of how jolly he would be, could he join a ring in derisive dance around sorae ulcerous Lazarus or blind Samson fallen HAYTI AND LIBERIA. 181 by the wayside. And then hia other picture of the negro official in shoe-buckles, knee-breeches, gold lace, and bag wig, — it was so funny I True, I did not hear the roars of laughter that should have followed it ; but I ara quite sure, that, if there was any auch person as the elder Mr. Weller in the galleries, the effort to suppress his laughter must have brought hira well-nigh to apo plexy." Mr. M'Knight (Rep.) of Pennsylvania fol lowed in support of the measure. " It has been," he said, " to our glory that we planted the seeds of freedom, civUization, and Christianity, on the shores of heathen Africa, and to our shame that we have so long aban doned the culture and nature of the plant to others." Mr. Eliot (Rep.) of Massachusetts discussed the inter ests involved, and the duty of action. Mr. Thomas (Opp.) of Massachusetts spoke briefly but eloquently in favor of the bUl. " I have no desire," he declared, " to enter into the question of the relative capacity of races ; but, if the inferiority of thie African race were estabUshed, the inference aa to our duty would be very plain. If this colony has been buUt up by an inferior race of raen, they have upon us a yet stronger claira for our countenance, recognition, and, if need be, protec tion. The instincts of the human mind and heart concur with the policy of men and governments to help and protect the weak. I understand, that to a child or to a woman I am to show a degree of forbearance, kind ness, and of gentleness even, which I am not necessarily to extend to my equal." Mr. Fessenden of Maine would be willing to see any one, without regard to color, who might be sent aa minister by a government with whom we have diplomatic relations. " The whole argu- 16 182 HAYTI AND LIBERIA. ment," he said, "of Mr. Cox, centred in this: Hayti and Liberia are not' to be acknowledged, — no matter what reasons may be given to the contrary, — because, if otherwise, we shall see black ambassadors in Wash ington. In my opinion, the speech of the gentleman was unworthy of his head and heart." Mr. Maynard (Union) of Tennessee would pass the bUl. " The policy of thia, like all other nationa, should be to recognize every nationality which haa entitled itself to that degree of consideration, I suppose, if Liberia should send one of her citizens here, one of Afric's dusky sons, in some diplomatic character, — and even this by no raeans fol lows from the passage of this bill, — and he should oc cupy a aeat in the diplomatic gallery, none of us would suffer more harm from the proxiraity than we now do from our contact with those of the aame race who attend to the wants of our persons, brushing our coats and polishing our boots, in the lobbies of the House." Mr. Crittenden (Opp.) of Kentucky said, "I will only say, sir, that I have an innate sort of confidence and pride that the race to which we belong is a superior race among the races of the earth, and I want to see that pride maintained. The Romans thought that no people on the face of the earth were equal to the citizens of Rome, and it made them the greatest people In the world. , , , The spectacle of such a diplomatic dignitary in our country, would, I apprehend, be offensive to the people for many reasons, and wound their habitual sense of superiority to the African race." Mr. Gooch closed the debate. " Why shall we," he asked, " in our inter course with the world, make discriminations in relation to color not recognized by the other leading powers of HAYTI AND LIBERIA. 183 the earth? Certainly the fact, that the great body of slaveholders in this country are to-day in rebellion against this Government, and seeking ita overthrow, because they have not been able to control all its departments to promote the extension and perpetuation of alavery, doea not make it obligatory upon ua to do so." The first question was on the adoption of Mr. Cox's amendraent. He called for the yeas and nays ; and the yeaa and naya were ordered. The question was taken ; and it was decided in the negative, ¦ — yeas 40, nays 82. Mr. Gooch deraanded the previous ques tion on the passage of the biU. The previous question was seconded, and the main question ordered. Mr. Cox demanded the yeaa and nays on the passage of the bill ; and the yeas and naya were ordered. The quea-. tion was taken ; and it was decided in the affirraative, — yeas 86, nays 37, So the biU was passed, and received the approval of the President on the fifth day of June, 1862. 184 CHAPTER VIII, EDUCATION OF COLORED YOUTH IN THE DISTRICT OF COLUMBIA. MB. GRIMES'S BILL. — MR, GRIMES'S REPORT. — MR. VVILSON'S AMENDMENT. — REMARKS OF MR, WILSON. — PASSAGE OF THE BILL. — BILL RE PORTED IN THE HOUSE BY MR. EOLLINS, — PASSAGE OP THE BILL. — MR. LOVEJOY'S BILL, — REPORTED BY MR. FESSENDEN, — PASSAGE OP THE BILL. — BILL EEPORTED IN THE SENATE BY MR, GRIMES. — PAS SAGE OF THE BILL. — ME. WILSON'S EILL. — EEPORTED FROM THE DISTRICT COMMITTEE. — REMARKS BY MR, CARLILE. — MB, GRIMES. — MR. DAVIS, — MR. MORRILL, — PASSAGE OF THE BILL IN THB SENATE. — PASSAGE IN THE HOUSE. — ME. WILSON'S BILL. — MR, GRIMES'S BILL. — PASSAGE IN THE SENATE, — MR. PATTERSON'S SUBSTITUTE. — PASSAGE OF THE BILL. THE census of 1860 revealed the fact, that there were more than three thousand colored youth in the District of Columbia. These children were not permitted to enter the public schools, and no public provision whatever was made for their instruction. The property of colored parents was taxed for the support of schools frora which their own chUdren were excluded. The abolition of slavery, the repeal of the black code and ordinances, in the District, more distinctly revealed this neglect of colored chUdren, and this injuatice towards colored parenta. In the Senate, on the 29th of AprU, 1862, Mr. Grimea (Rep.) of Iowa introduced a bill providing for the education of colored children in the city of Washington. On the presentation of his bill, Mr, Grimes said, " In order that there may be no misappre- EDUCATION OF COLORED YOUTH, ETC. 185 hension as to what this bill seeks, I desire to say now, before it ia referred, that, according to the census of 1860, there are three thousand one hundred and seventy- two colored chUdren in this District. The araount of real estate then and now owned by colored persons within the District is in value $650,000. There is now levied a tax upon that property amounting to $36,000, The school-tax, as I understand, is ten per centum of that amount, or $3,600, which goes to the support of schools which are devoted exclusively to the education of white chUdren. This bill siraply provides that the tax which is levied on the property of colored persons shall be used exclusively in the education of colored chUdren." The biU was referred to the Coraraittee on the Dis- . trict of Colurabia ; and, on the 30th, Mr. Griraes reported It with amendments. The Senate, on the 8th of May, on the motion of Mr, Grimea, proceeded to Ita consideration, and the amendments of the comraittee were agreed to. The biU, aa amended, made it the duty of the municipal authorities of Washington and George town to set apart ten per cent of the araount received from taxes levied on the real and personal property owned by persons of color, to be appropriated for the purpose of initiating a aystem of primary schools for the education of colored children. The board of trustees of public schools were to have sole control of the fund ariaing from the tax, as well aa from contributions by persons disposed to aid In the education of the colored race, or from any other source, and to provide suitable rooms and teachera for such a number of schools as in their opinion would best accommodate the colored children, 16* 186 EDUCATION OP COLORED YOUTH Mr, Wilson (Rep.) of Massachusetts raoved to amend the bill by adding as an additional aection, — " That all persons of color in the District of Columbia, or in the corporate limits of the cities of Washington and Georgetown, shall be subject and amenable to the same laws and ordinances to which free wliite persons are or may be subject or amenable ; that they shall be tried for any offences against the laws in the same manner as free white persons are or may be tried for the same offences ; and that, upon being legally convicted of any crime or offence against any law or ordinance, such persons of color shaU be liable to the same penalty or punishraent, and no other, as would be im posed or inflicted upon free white persons for the same crime or offence : and all acts, or parts of acts, inconsistent with the provisions of this act, are hereby repealed." In support ofhis amendment, Mr. Wilson said, "We have sorae laws that everybody admita are very oppres sive upon the colored population of this District ; sorae of them old laws made by Maryland j others, ordinances of the cities of Washington and Georgetown. As we are now dealing with their educational interests, I think we may as well at the same time relieve them from these oppressive laws, and put them, ao far aa crime ia con cerned, and so far aa offencea agalnat the lawa are concerned, upon the same footing, and have them tried in the same manner, and subject them to the same pun ishments, as the rest of our people." The amendment was agreed to, the bill was reported to the Senate as amended, the amendraent waa concurred in, and the bill ordered to be engrossed. Mr. Saulsbury (Dem.) of Delaware deraanded the yeas and nays on its passage, — yeas 27, nays 6. There being no quorum, the Senate adjourned. IN THE DISTRICT OP COLUMBIA. 187 On the 9th, the vote waa taken, and resulted — yeas 29, nays 7. So the bill was passed In the Senate, and its title so amended aa to make it read, " A bUl pro viding for the education of colored children in the cities of Washington and Georgetown, in the District of Co lumbia, and for other purposes." In the House, on the 15th, Mr. RoUins (Rep.) of New Harapshire, from the Comraittee on the District of Columbia, reported back the bUl without araendment, and deraanded the previous queation on its paaaage. It was ordered ; the bUl was passed, and approved by the President on the 21st of May, 1862. In the House of Representatives, on the 23d of June, 1862, Mr. Lovejoy (Rep.) of Illinois introduced a bill relating to schools for the education of colored children in the cities of Washington and Georgetown, in the District of Colurabia ; and it was read twice, and re ferred to the District Coramittee. The bill provided that the duties imposed on the board of trusteea of the public schools in the cities of Washington and George town, by the act providing for the education of colored children in the cities of Washington and Georgetown, approved May 21, 1862, be transferred to Daniel Breed, Sayles J. Bowen, and Zenas C. Robbins, and their successors in office, who are created a board of trustees of the schools for colored children, and who shall possess aU the powers and perform all the duties conferred upon and required of the trustees of public schools in the cities of Washington and Georgetown by that act. On the 3d of July, Mr. Fesaenden (Rep.) of Maine, from the Committee on the District to whom waa referred Mr. Lovejoy'a bUl, reported it back 188 EDUCATION OP COLORED YOUTH without amendraent, and It passed the House. In the Senate, Mr. Griraes, on the 5th of July, reported back the bill from the District Committee ; and, on his motion, it was enacted on the llth of July, 1862. In the Senate, on the 17th of February, 1863, Mr. Wilson (Rep.) of Massachusetts introduced a bill to incorporate " the institution for the education of colored youth," to be located In the District of Columbia. The objects of the institution were to educate and improve the moral and intellectual condition of such colored youth of the nation as may be placed under its care and influence. The bill was read twice, and referred to the District Committee. Mr. Grimes, on the 24th, from the Committee on the District of Colurabia, to whom the bill waa referred, reported it without amendraent. On the 27th, the Senate, on motion of Mr. Grimea, proceeded to ita consideration. " I should like to know," said Mr. Carlile (Dem.) of Virginia, "if these negroea cannot be educated without an act of incorporation." He did not " see any very good reason why the Govern ment of the United States should enter upon the scheme of educating negroes." He understood " the reason assigned for the government of a State undertaking the education of the citizens of the State ia that the citizens in this country are the governora ; " but he presumed " we have not yet reached the point when it is proposed to elevate to the condition of voters the negroes of the. land." Mr. Griraes in reply said, "It may be true, that, in that section of the country where the senator is most acquainted, the whole idea of education proceeds frora the fact, that the person who is to be educated is merely IN THE DISTRICT OP COLUMBIA. 189 to be educated because he is to exercise the elective franchise ; but I thank God that I was raised In a sec tion of the country where there are nobler and loftier sentiments entertained in regard to education. We entertain the opinion, that all human beings are account able beings. We believe that every raan should be taught, so that he may be able to read the law by which he Is to be governed, and under which he may be pun ished. We believe that every accountable being should be able to read the word of God, by which he should guide his steps in this life, and shall be judged in the life to come. We believe that education is necessary in order to elevate the huraan race. We believe that it is necessary in order to keep our jails and our penitentiaries and our alras-houses free frora inmates. In my section of the "country, we do not educate any race upon any euch low and groveUing ideas as those that seera to be entertained by the senator frora Virginia." Mr. Davia (Opp.) of Kentucky thought the subject raight be dropped. "I recollect," he said, "a fact in relation to the Island of St. Lucia, one of the West-India islands. When it became one of the British possessions, a great many Irish who spoke the Gaelic language migrated from the Island of Erin to St. Lucia. In the course of a few yeara, they possessed themselves of African slaves, — slaves from the continent; and, in adhering to their GaeUc language, the Africans whom they introduced, and the young ones that were raised, of course learned to speak the Gaelic too. After a while, aome of their kinafolk, who had been left behind in the mother coun try, viaited the Island of St. Lucia, and they diacovered all the negroea there talking the real GaeUc, the genuine 190 EDUCATION OF COLORED YOUTH Irish; and they wrote back to their countryraen, for God's Bake no more of them to come to St. Lucia ; and, as they loved St. Patrick, not to come to St. Lucia, because all the Irish turned to be negroes there. I really think, sir, that, if the subject of negroes is handled much longer in the Senate, there ia very great danger of some sena tors meeting such a fate as was feared by these visitors from Ireland would happen to their countrymen." Mr. Morrill (Rep.) of Maine thought the opposition to the bill, and the sentiments expressed, were extraordinary. " The senator from Virginia puts his opposition upon the ground of a protest against public education. Gracious God, sir, has it come to this, that In the American Con gress, and at this late day, an honorable senator shall rise here, and enter his protest against a measure of public popular education? Coraing from the region of country I do, I confess that it excites wonder and astonishment in my mind. Is there a ci-rilized nation on the globe, that has not, within the last fifty years, turned ita attention to the subject of the education of the people, and that has not embarked in it, and made it a matter of State concem, if you please, the highest State concern, not only aa beneficial to the individuala, the social corapact, but to the aecurity of the State? I ehould like to know what aort of Araerican atatearaan- ship that is which enablea a senator to rise here in his place, and arraign a measure dealgned to educate the people : for that, allow me to aay, waa one of the poaitiona taken by the aenator from Virginia ; and he prided himaelf apparently on the fact, that, in the region of country in which he waa raiaed, education was left to private 'enterprise. How well that great duty haa been IN THE DISTRICT OF COLUMBIA. 191 there performed, I care not to say : the history of the country shows. But, sir, I come from a region of country the people of which prize public education ; who hold public education as a great duty, the first great duty of the State, to be religiously performed ; and, if New England can boast of any thing, it is her system of education, her system of public instruction, which gives to every child, no matter whether he ia high or low born, a fair chance in life, a fair chance to succeed in the world. That is her glory ; and to-day, sir, amid the menaces, impotent as they are, that fall about New England, if there be any thing which will enable her to put them at defiance, it wIU be her raoral power on the continent by reason of her ayatem of public education. . . . The legislation of my State has adopted a sys tem of education which enjoins it upon the people of every town and city to educate every chUd, with out regard to color or coraplexion. The negro, if you please, in that regard, stands on an equal footing with every other chUd in the State. The law knowa no complexion in its duty of public education, and the ayatem of public education throughout New Eng land knows no distinction whatever." Mr. Davis's motion to postpone the biU was lost, and the bill ordered to be engrossed. Mr. CarlUe demanded the yeas and nays on its passage, and they were ordered ; and, being taken, resulted — yeas 29, naya 9. In the House, on the 2d of March, the bUl was taken from the Speaker's table. Mr. WUson (Rep.) of Iowa called for the pre- -rioua question : it was passed, and approved by the President on the 3d of March, 1863. In the Senate, May 2, 1864, Mr. WUson introduced 192 EDUCATION OP COLORED YOUTH a bill granting one million acrea of public land to the cities of Washington and Georgetown and the county of Washington, the proceeds to be used for the support of the public schools In proportion to the nuraber of children. The bill also authorized the school commis sioners to assess a poll-tax of one dollar on men of color for the education of colored children. The bill was referred to the Committee on Public Lands. The Senate, on the 18th of February, 1864, on mo tion of Mr. Grimes, proceeded to the consideration of hia bUl to provide for the public inatruction of youth in the primary echoola throughout the county of Wash ington, In the District of Columbia, without the limits of the cities of Washington and Georgetown. Mr. Grimes suggested that the Senate consider the amend ment reported from the District Comraittee as a sub stitute. This araendment established a public-school systera In the county of Washington for the instruction of youth. The eighteenth section authorized the Levy Court at Its discretion to levy a tax of one-eighth of one per cent on aU taxable property owned by persons of color, for the purpose of initiating a system of educa tion for colored children. The biU passed the Senate without a division. In the House, on the 8th of June, Mr. Patterson (Rep.) of New Hampshire reported back, vrith an amendment in the nature of a substitute, the Senate bill to provide for the public instruction of youth in the county of Washington. A professor in Dartmouth College, familiar with the public-school systems of the Northern States, Mr. Patteraon was admirably fitted to devise an improved eystem of public instruction for the IN THE DISTRICT OF COLUMBIA. 193 national capital. The substitute reported by Mr. Pat terson, with the unanimous approval of the District Committee, provided in the seventeenth and eighteenth sections, and in the proviso to the nineteenth section, for separate schools for colored chUdren of the District. "To accompUsh this," said Mr. Patterson, "we have provided that such a proportion of the entire school fund shall be set apart for this purpose as the number of colored chUdren between the ages of six and seventeen bear to the whole number of children in the District, . . . We may have differences of opinion in regard to the proper poUcy to be pursued in respect to slavery ; but we aU concur in this, that we have been brought to a juncture in our national affairs in which four mUlions of a degraded race, lying far below the average civiliza tion of the age, and depressed by an almost universal prejudice, are to be set free in our midst. The question now ia. What is our first duty in regard to them? ... I think there can be no difference of opinion on this, that it ia our duty to give to this people the meana of educa tion, that they may be prepared for all the prlvilegea which we may deaire to give them hereafter." Mr. Patterson's substitute was adopted, and the bill passed the House as amended. The Senate readily concurred in the House amendraent; and the bUl received the approval of the President on the 25th of June, 1864. By thia beneficent act of legislation, it is raade the duty of the school commissioners to establish public schools for colored children, to provide school-houses, to eraploy school-teachers, and " to appropriate a propor tion of the school fiind, to be determined by the num bers of white and colored children between the ages of 17 194 EDUCATION OF COLORED YOUTH, ETC. six and seventeen years." Nearly four thousand colored chUdren in the national capital have by the enactment of this law, in the public schools, the same rights and privileges as white children. 195 CHAPTER IX. THE AFRICAN SLA-VE-TRADE. THE TEEATY BETWEEN THE UNITED STATES AND GREAT BRITAIN FOB THE SUPPRESSION OF THE SLAVE-TRADE. — MB. SUMNER'S BILL, — BEMARKS OF MR. SAULSBURY, — PASSAGE OF THE BILL, — MR. FOS TER'S BILL. — PASSAGE OF THE BILL. THE American flag has been made to cover for many years the horrid and loathsome traffic in human flesh. The African-slave traders have pursued their foul and infamous work of sorrow and death under the protection of the flag of this Christian nation. This prostitution of the flag brought reproach and dis honor upon the Government and people of the United States. To suppress this traffic in men, to prevent this abuse of the flag of the country, a treaty was raade with England for the raore effectual suppression of the African slave-trade. On the 12th of June, 1862, Mr. Sumner (Rep.) of Massachusetts, from the Committee' on Foreign Rela tions, to whom was referred a message from the Presi dent of the United States in relation to the treaty between the United States and Great Britain for the suppression of the slave-trade, reported a bUl to carry the treaty into effect. On motion of Mr. Sumner, the Senate, on the 26th, proceeded to the consideration of the bill. To carry into effect the provisions of the treaty between the United States and her Britannic 196 THE AFRICAN SLA-7E-TRADE . Majesty for the suppression of the African slave-trade, it was provided that the President should appoint, by and with the advice and consent of the Senate, a judge and also an arbitrator on the part of the United States to reside at New York ; a judge and also an arbitrator to reside at Sierra Leone; and a judge and also an arbitrator to reside at the Cape of Good Hope. Mr. Saulsbury (Dem.) of Delaware wished to record his vote against the passage of the biU. "P do not," he said, " object to the suppression of the African slave- trade ; but I do not believe that this Government has the constitutional right to establish any such court. I think the treaty ought not to have been adopted. There ia no power under the Conatitutlon for the establishment of such a court outside of the United States." Mr. Howard (Rep.) of Michigan demanded the yeas and nays on the passage of the bill, — yeas 34, nays 4. In the House, on the 7th of July, Mr. Gooch (Rep.) of Massachusetts reported back, from the Committee on Foreign Relations, the Senate bill to carry into effect the treaty between the United States and England for the suppression of the African slave-trade. " I desire only to state," remarked Mr. Gooch, "that the pro visions of the treaty are necessary to carry the treaty recently made into effect." The bill was passed, and received the approval of the President on the llth of July, 1862. In the Senate, on the 8th of July, Mr. Foster (Rep.) of Connecticut introduced a bill to amend an act entitled "An act to amend the act entitled 'An act in addition to the acta prohibitirig the alave-trade : '" it waa read twice, and referred to the Judiciary Committee. THE AFRICAN SLAVE-TRADE. 197 On the 9th, Mr. Foater reported back the bUl, without araendment. It was taken up for consideration on the 12th ; and Mr. Fessenden (Rep.) of Maine stated that he understood a division was to be called upon it, and moved that it be laid on the table. On the 15th, the Senate, on motion of Mr. Foster, proceeded to the con sideration of the biU. It provided that the President might enter into arrangement, by contract or otherwise, with one or more foreign governraents having posses sions, in the West Indies or other tropical regions, or with their duly constituted agent or agents, to receive from the United States, for a terra not exceeding five years, at such place or places as shall be agreed upon, aU negroes, mulattoes, or persons of color, delivered from on board vessels seized in the prosecution of the slave-trade by comraanders of United - States armed vessels, and to provide them with suitable instruction, and with comfortable clothing and shelter, and to employ them, at wages under such regulations as shall be agreed upon, for a period not exceeding five years from the date of their being landed at the place or places agreed upon. Mr. King (Rep.) of New York regarded this as a sort of apprenticeship system to which he was opposed, and deraanded the previous question on the passage ofthe bUl, — yeas 30, nays 7. In the House, on the 16th, the bUl was passed, and received the approval ofthe President on the 17 th of July, 1862. 17* 198 CHAPTER X. ADDITIONAL ACT TO ABOLISH SLAVERY IN THE DISTRICT OF COLUMBIA. MB. WILSON'S BILL. — REPORTED BACK WITH AMENDMENTS BT MB. GRIMES. — MR. GRIMES'S SPEECH. — MR. WILSON'S SPEECH. — COMMIT TEE'S AMENDMENTS. — MR. SUMNER'S AMENDMENT, — PASSAGE OF THE BILL. — BILL IN TBE HOUSE. — BEMARKS OF MR. WICKLIFFE, — MO TION TO LAY ON THE TABLE BY ME. COX. — REMARKS BY MB. CRIS FIELD. — PASSAGE OF THE BILL. IN the Senate, on the 12th of June, 1862, Mr. Wil son (Rep.) of Maasachusetts introduced a bill sup plementary to the act for the release of certain persons held to service or labor in the District of Columbia, approved AprU 16, 1862 ; which was read twice, and referred to the Committee on the District of Columbia. Mr. Grimes (Rep.) of Iowa, Chairman of the District Committee, reported, on the 24th, the biU back with amendments. On the 7th of July, the Senate, on motion of Mr. Grimes, proceeded to its consideration. Mr. Grimes briefly explained its purpose and scope. "It wiU be remembered," he said, " that when the President of the United States notified the Senate of his approval of the act ofthe 16th of AprU last, eraancipating slaves in this District, he stated that he had some objectiona to it, on the ground that the righta of femes covert, absent persons, minors, &c., were not saved. The first sec tion of this bUl is designed to cover cases of that kind ; ADDITIONAL ACT TO ABOLISH SLA-VERY. 199 and It provides that where persons were out of the coun try, officers of the army or navy, or idjots or minors, or persons who are laboring under any disability of that kind, they shall have an opportunity to come in and prove their claims to property of this description within a time limited. The second section ofthe bill, as the cora mittee propose, is intended to cover cases of this kind. It has been discovered that there are sorae persons who have been held as slaves, whose ownera are in arma againat the country. There is nobody here to represent those owners ; and it is impossible, therefore, for those colored persons to get any evidence of their manurais sion or their emancipation : and it ig provided, that if any person, having claim to the service or labor of any person or persons In the District of Columbia by rea son of African descent, shall neglect or refuse to file with the clerk of the Circuit Court the atatement or schedule required by the ninth section of the act of AprU 16, 1862, it shall be lawful for the person or per sona whose ser-vices are claimed to file such statement in writing or schedule, setting forth the particular facts mentioned in the ninth section of that act, and the clerk ia to record the same ; and the clerk is then to prepare, prescribe, and deliver the certificates, as described in the tenth section of that act, to auch persona aa ahall' file their etatements. I understand that there are several cases — I am so inforraed by one of the coraraissioners — where this description of persons are clairaed by per- Bons now in rebellion and beyond our reach. The next section declares that all persons who are held to service under the laws of any State, and who, at any time since, the 16th of April, have, by the consent of the persona 200 ADDITIONAL ACT TO ABOLISH SLAVERY who have held them, been forced to labor in this Dia trict, shall be free." The President stating the question to be on the amendment of the committee to strike out the second section of the original bill, Mr. Wilson said, " The com mittee have inserted two very excellent sections ; but they propose to strike out the second and fourth sections of he original bill. The second section was intended to cover the cases of persona who were held to aervice or labor In this District, who resided here with their mas ters, but who have been recently hired out in the neigh boring States, especially the State of Maryland. There are cases of such persons whose names have not been returned by their masters, and who have no remedy unless we give it to thera. I presented a petition, a short time ago, in relation to one case of thia kind, — the petition of a person born in the District, held here to service, who had always lived here untU recently, and was hired out over the line a few months ago. I think the commissioners ought to construe the law to cover those cases ; for. In my judgment, the law should be construed in favor of personal rights : but there is some doubt about it, and hence the necessity for legislation on the subject. I have talked to some of the commis sioners in regard to it, and find that there is doubt on the question. I think that section of the bill ought to stand, notwithstanding the dissent of the report of the committee." " I will state," replied Mr. Grimes, " the reason why the committee recommended the striking-out of that section. As I understand It, the purport of that aecr tion waa thia : that if a person had been held to slavery IN THE DISTRICT OP COLUMBLA. 201 in the District of Columbia prior to the emancipation act, and had been sent, by the raan who claimed to be his master, out of the District prior to the passage of that act, then, under the law, he should become free. We did not believe we had that power. He was held as a slave under the law of the State of Maryland, to which he had been sent ; and we did not suppose we could legislate for the State of Maryland." The aecond aection of the biU waa atrlcken out by the Senate. The President stated the question to be on concurring in the new section proposed by the comraittee, giving to persons whose services are claimed the right to file the papers required by the act for the .release of persons held to service in the District of Columbia, when per sona claiming their aervices neglect or refuse to file such papers. The amendment was amended on the sugges tion of Mr. CoUaraer (Rep.) of Vermont, and the amendraent as amended was agreed to. The amend ment proposed by the comraittee, to strike out the fourth section of the original bill providing for the appointment of a solicitor of the commission, was agreed to. Mr. Sumner (Rep.) of Masaachusetta offered aa an additional section, that, in aU the judicial proceedinga in the District of Columbia, there shall be no exclusion of any witness on account of color. Mr. Powell (Dem.) of Kentucky demanded the yeas and nays on that amendraent, — yeas 25, nays 11. ~ Mr. Powell de manded the yeas and nays on the passage of the biU, — yeas 29, nays 6. In the House, the biU was taken from the Speaker's table on the 9th of July; and Mr. Ashley (Rep.) of Ohio stated that the bUl was supplementary to the act 202 ADDITIONAL ACT TO ABOLISH SLAVERY, aboUahlng slavery In the District, approved the 16th of April, Mr. Calvert (Opp.) of Maryland desired "to strike out the fourth section. It was slrnply interfering with the rights of the alaveholdera in the States." Mr. Wickliffe (Opp.) of Kentucky said, "Aa I underatand the reading of the section, if a man in Montgoraery County, or anywhere else in Maryland, sends his negro to market or into the city to do any businesa for him, he is set free." Mr. Cox (Dem.) of Ohio raoved to lay the bill on the table, and Mr. Calvert demanded the yeas and nays : lost, — yeas 35, nays 67. Mr. Ash ley moved the previous question. Mr. Crisfield (Dem.) of Maryland desired to off'er an araendment to the fourth section. Mr. Ashley could not withdraw the demand for the previous question. " Then I hope," replied Mr. Crisfield, " there is patriotism enough in the House to vote down the demand." The House, by a large majority, seconded the previous question. Mr. Richard son (Dem.) of Illinois moved an adjournment, — yeaa 28, nays 69, Mr, Pendleton (Dem.) of Ohio de manded the yeaa and naya on the passage of the bill, — yeaa 69, naya 36, So the bill passed the House, and was approved by the President on the 12th of July, 1862. 203 CHAPTER XI. COLORED SOLDIERS. MR. WILSON'S BILL, — ME, GRIMES'S AMENDMENT, — REMARKS OP MR. SAULSBURY, — MR, CARLILE, — SIR. KING'S AMENDMENT. MR. SHER MAN'S SPEECH, — ME. fessenden's SPEECH. — MR, RICE'S SPEECH. MR. WILSON'S SPEECH. MR, DAVIS'S AMENDMENT. — MR. COLLAMER'S SPEECH, — MR, TEN EYCK'S SPEECH. MR, KING'S SPEECH. — MR. HENDERSON'S AMENDMENT. — MB. SHERMAN'S AMENDMENT. — MR. BBOWNING'S AMENDMENT, MR, LANE'S SPEECH. — MR. HARLAN'S SPEECH. — MR, WILSON'S EILL, — REMARKS OF MR, SHERMAN, — MR, LANE, — SPEECH OP MR. HOWARD. — MR, SHERMAN'S AMENDMENT, MR, BROWNINGS AMENDMENT. — REMARKS OF MB, HENDERSON. — MB. WEIGHT, — MR, DOOLITTLE. — MR. POWELL. — PASSAGE OF THE BILL. — MR. STEVENS'S AMENDMENT. — REMARKS OF MR. CLAY. — MR, BOUT WELL. MR, DA-VIS'S AMENDMENT, — ME, MALLORY'S SPEECH, MR. ¦WEBSTER'S AMENDMENT. — MR. SCOFIELD'S SPEECH, — MR, WOOD'S SPEECH, — MR, WHALLEY'S AMENDMENT. — MR, STEVENS'S AMEND MENT ADOPTED. CONFERENCE COMMITTEE. — REPORT ADOPTED. IN the Senate, on the 8th of July, 1862, Mr. WUson (Rep.) of Massachusetts reported, from the Com mittee on Military Aff'airs, a bill to amend the act calling forth the railitia to execute the laws of the Union, sup press insurrection, and repel invasion, approved Feb. 28, 1795. On the 9th, on raotion of Mr. Wilson, the Senate proceeded to consider the bill as in Coraraittee of the Whole. Mr. Griraes (Rep.) of Iowa moved to amend it by adding three sections, providing that there shall be no exeraption from military duty on account of color ; that, when the militia shaU be called into service, the President shall have full power and authority to organize them according to their race or color. Mr. 204 COLORED SOLDIERS. Saulsbury (Dem.) of Delaware denounced the attempt " made on every occasion to change the character of the war, and to elevate the miserable nigger, not only to political rights, but to pi\t him in your army, and to put him in your navy." Mr. Carlile (Dera.) of Virginia declared that " the negro constituted no part of the militia ofhis State. I do not," he asserted, " think it is an eff'ort to elevate the negro to an equality with the white man ; but the eff'ect of such legislation will be to degrade the white man to the level of the negro." Mr. King (Rep.) of New York moved to atrike out the first two sections of Mr. Grimea'a amendment, and insert these two sec tions : — " That the President be, and he is hereby, authorized to re ceive into the service of the United States, for the purpose of constructing intrenchments, or performing camp service or any other labor, or any war service for whieh they may be found competent, pei-sons of African descent ; and such persons shall be enrolled and organized under such regulations, not incon sistent with the Constitution and laws, as the President may prescribe ; and they shall be fed, and paid such compensation for their services as they may agree to receive when enrolled. " That, when any man or boy of African descent shall render any such service as is provided for in the flrst section of thia act, he, his mother, and his wife and children, shall for ever thereafter be free, any law, usage, or custom whatsoever, to the contrary notwithstanding." Mr. King hoped that Mr. Griraes would accept the amendraent. "I accept it," replied Mr. Griraes, "if it is in my power." Mr. Saulsbury pronounced this amendment "a wholesale scheme of emancipation." Mr. Sherman (Rep.) of Ohio said, "The question arises. COLORED SOLDIERS. 205 whether the people of the United States, struggling for national existence, should not employ these blacks for the maintenance of the Government. The policy here tofore pursued by the officers of the United States has been to repel thia class of people from our lines, to refuse their services. They would have made the best spies ; and yet they have been driven from our lines." — "I tell the President," said Mr. Fessenden (Rep.) of Maine, " from my place here as a senator, and I tell the generals of our army, they raust reverse their practices and their course of proceeding on this subject. ... I advise it here from my place, — treat your eneraies aa eneraiea, as the worst of eneraies, and avaU yourselves Uke men of every power which God has placed in your hands to accompUsh your purpose within the rules of civilized warfare." Mr. Rice (war Dera.) of Minnesota declared that " not many days can pass before the people of the United States North must decide upon one of two questions : we have either to acknowledge the Southern Confederacy as a free and independent nation, and that speedUy ; or we have as speedUy to resolve to use aU the means given us by the Almighty to prosecute this war«to a successful termination. The necessity for action has arisen. To hesitate is worse than criminal." Mr. Wilson said, "The senator from Delaware, as he is accustomed to do, speaks boldly and decidedly against the proposition. He asks if Araerican soldiers wUl fight if we organize colored men for mUitary purposes. Did not American soldiers fight at Bunker Hill with negroes in the ranks, one of whom shot down Major Pitcairn as he mounted the works ? Did not American soldiera fight at Red Bank with a black regiment from your own State> sir? 18 206 COLORED SOLDIERS. (Mr. Anthony in the chair.) Did they not fight on the battle-field of Rhode Island with that black regiment, one of the best and bravest that ever trod the soil of this continent ? Did not Araerican soldiers fight at Fort Griswold with black men? Did they not fight with black men in almost every battle-field of the Revolution ? Did not the men of Kentucky and Tennessee, standing on the lines of New Orleans, under the eye of Andrew Jackaon, fight with colored battaliona whom he had summoned to the field, and whom he thanked publicly for their gallantry in hurling back a British foe? It is all talk, and idle talk, to say that the volunteers who are fighting the battles of thia country are governed by any such narrow prejudice or bigotry. These prejudices are the results of the teachings of demagogues and poli- ticiana, who have for yeara undertaken to delude and deceive the American people, and to demean and degrade them." Mr. Grimea had expreaaed his views a few weeks before, and desired a vote separately on each of. these eectlona. Mr. Davis declared that he was utterly op posed, and should ever be opposed, to placing arms in the hands of negroes, and putting them intothe army. Mr. Rice wished " to know if Gen. Washington did not put arms into the hands of negroes, and if Gen. Jackson did not, and if the senator has ever condemned either of those patriots fordoing so." — "I deny," replied Mr. Davis, "that, in the Revolutionary War, there ever waa any considerable organization of negroes. I deny, that, in the war of 1812, there was ever any organization of negro slaves. . , , In my own State, I have no doubt that there are from eighty to a hundred thousand slaves COLORED SOLDIERS. 207 that belong to disloyal men. You propose to place arms in the hands of the men and boys, or such of them as are able to handle arms, and to manumit the whole mass, men, women, and children, and leave them among us. Do you expect us to give our sanction and our approval to these things? No, no I We would regard their authors as our worst eneraies ; and there is no foreign despotisra that could corae to our rescue, that we would not joyously embrace, before we would submit to any euch condition of things as that. But, before we had invoked this foreign despotism, we would arm every man and boy that vre have in the land, and we would meet you in a death-struggle, to overthrow together such an oppression and our oppressors." Mr. Rice remarked in reply to Mr. Davis, "The rebels hesitate at nothing. There are no means that God or the Devil has given them that they do not use. The honorable senator said that the negroes might be useful in loading and swabbing and firing cannon. If that be the case, may not eome of thera be useful in loading, swabbing, and firms the musket?" The Senate, on the 10th of July, resumed the consid eration of the bill. Mr. CoUamer aaid, " I never could understand, and do not now understand, why the Gov ernment of the United Statea has not the right to the use of every man in it, black or white, for its defence ; and every horse, every particle of property, every dollar in money, of every man in it. As to the using of colored men, that is entirely a question of expediency, whether you need them, whether you can use them to advantage ; and that depends on so many contingencies, that I have alwaya supposed the President, the generals, the men 208 COLORED SOLDIERS. who are managing the war, actually engineering it along if you pleaae, would lay their hands upon and use all means and appliances to that end which they found necessary. If gentlemen think it ia any better to put it into a law that the Preaident may do that, if that will help the matter, I have no aort of objection." Mr. Wil son thought that "it waa neceasary." — "Then," aaid Mr. Collamer, "I have no objection. . . . The second section of the amendraent providea, that when any man or boy of African descent, who, by the lawa of any State, owea aervice or labor to any person, who, during the preaent Rebellion, haa borne arms against the United States, or adhered to their enemies bj"- giving them aid or comfort, shall render to the United States any such service as is provided in the preceding section, he, his mother, and his wife and children, shall for ever there after be free, any law or usage to the contrary notwith- Btanding. I have a word to say about that. I am conatrained to aay, whether it is to the honor or dishonor of my country, that, in the land of slavery, no male slave has a child ; none Is known as father to a child ; no slave has a wife, marriage being repudiated in the slave system. This is the condition of things ; and, wonderful as it may be, we are told that that is a Chria- tian inatitution I " Mr. Ten Eyck (Rep.) of New Jersey desired to strike out of the first section the words, " any military or naval," before "service." — "We may as weU meet this question directly," said Mr. King, " and see whether we are prepared to use for the defence of our country the powers which God has given to it, — the men who are willing to be used to preserve it." — " My proposition is,'^ said Mr. Ten Eyck, "to strike out the COLORED SOLDIERS. 209 words, ' any military or naval,' before 'service.' " — " We have," eaid Mr. King, "in myjudgnient, nothing to fear from our enemies on accouht of the expression of our views on thia point. ... I have done talking in auch a manner aa to avoid giving offence to our enemies in thia matter. I think it waa the captain of the watch here at the Capitol who came and consulted about getting permission to omit, during the session of the Senate, to hoist the flag on the top of the Capitol ; and, when he was asked what he wanted to orait that for, he aaid he feared it might be euppoaed that he deaired to save labor and trouble, but he really suggested it because it hurt these people about here to look at it, — to see the flag on the top of the Capitol. I had not done much ; but I wrote a letter very promptly to the Secretary of the Interior, stating the fact, and saying that I did not care whom he appointed, but I wanted that man removed. He was removed, and, within ten days, was -with the eneray at Manassas." The question on Mr. Davis's amendment to strike out the words, " or any military or naval service for which they may be found competent," was taken by yeas and nays, — yeas 11, nays 27. Mr. Henderson moved to amend the section by inserting the word "free," before " peraona," in the sixth line, and also by adding after "descent," in the same line, the words, "and also such persons of African descent aa may owe aervice or labor to peraons engaged In the Rebellion." Mr. Henderson's amendraent was loat, — yeas 13, nays 22. Mr. Sauls bury raoved the indefinite postponement of the bill, — yeas 9, nays 27. Mr. Henderson moved to add at the end of the first section, "Provided that all loyal persona 18* 210 COLORED SOLDIERS. entitled to the service or labor of persons employed under the provisions of this act shall be compensated for the loss of such service." Mr. Hale would like to amend that by inserting the words, "by the lawa of the State in which they reside." Mr. Henderson accepted the araendment. Mr. Powell demanded the yeaa and naya, — yeas 20, nays 17. The first section, as amended, was agreed to. The President stated the question to be on the aecond section of the amendment of the senator from Iowa, " That when any man or boy of African descent shall render any such service as is provided for in the first section of this act, he, his mother, and his wife and children, shall for ever thereafter be free, any law, usage, or custom whatsoever, to the contrary notwith standing." Mr. Sherman moved to amend it by adding, "who, during the present Rebellion, has levied war or borne arms against the United States, or adhered to their enemies by giving them aid and comfort." Mr, Sherman said, " When we take the slave of a loyal raan, and make him work for us, I do not for that reason wish to deprive the maater entirely of what he regarda aa hia property, or what ia regarded by local law aa hia property." — " When we take a slave," replied Mr, King, " to aerve the country in thia emergency, my own opinion is, that he should be made free, whether he belongs to a rebel or not," The secretary read the amendinent to the amendment, to insert after the word "descent," in the second line, the words, "who by the laws of any State shall owe service or labor to any person, who, during the present Rebellion, has levied war or borne arms against the United States, or adhered to their enemiea by giving them aid and comfort." The COLORED SOLDIERS. 211 question, being taken by yeas and nays, resulted — yeas, 22, nays 16. So the amendment to the amendment was agreed to. Mr. Browning (Rep.) of Illinois said, "I wish to move another amendment to that section in the seventh line, by striking out the words, " his mother, and his wife and children." Mr. Lane (Rep.) of Kansas asked Mr. Browning, "What would freedom be worth to you, if your mother, your wife, and your chUdren, were elaves ? " Mr. Browning replied, that " it would detract very greatly from the value of Hfe with me, if it did not totally destroy it, to have ray raother, my wife and children, in a state of hopeless bondage. I am no more the friend or advocate of slavery than the senator from Kansas, — not a bit more." On the llth of July, the yeaa and naya were taken on Mr. Browning's amendraent, — yeas 17, nays 21. Mr. Harlan of Iowa addressed the Senate in a very elaborate and exhaustive speech in favor of the bUl. "If I read," he said, "the signs of the tiraes correctly, this haa become a necessity. We cannot, if we persist in our folly, th-wart the ulti mate purposes of the Almighty. By his providential interposition, he has thrown open the door for the liber ation of a nation of bondmen; he has removed the constitutional impediment ; he has caused their assist ance to be necessary for the perpetuity of the Union and the integrity of the nation. If we accept of this high destiny, all the- nations of 'earth combined against u.s would be as flax in the flames ; but if we are not equal to the demands of the age, and obstinately refuse to follow the plain intimations of Providence, this great work wUl be handed over to other nations, or will be wrought out 212 COLORED SOLDIERS. by the rebels themselves, and our nation will become permanently divided." Mr. Harlan reraarked, that Mr. Davis had predicted, when the bUl for the abolition of slavery was pending, that the slaughters of St. Doraingo would be re-enacted if the bUl passed. ... If senators will open their eyes, and look at these people, they wiU discover that they are no longer savages, but, in a com parative point of view, highly civilized. They provide for their ovra wants ; they provide their own food and clothing and shelter, and for the education of their own children, for the support of their own churches and schools, and bury their own dead; and, during the seven yeara of my service at the capital of the nation, I have never seen a negro beggar, — not one. I have seen white beggars ; I have seen white boys and girls begging for a penny of each paaser-by at the crossings ; I have seen stalwart men and woraen, of alraost every nationality, begging in your streeta and- thoroughfares : but never yet have I seen a negro beggar in the streets of the capital of the nation." Mr. Davis followed In oppoaition to the bill ; and, on motion of Mr, Wilaon, it waa further poatponed. On the 12th of July, Mr. WUson, frora the Com mittee on MUitary Aff'airs and the Militia, reported a new bill to amend the "Act caUing forth the militia to execute the lawa of the Union, euppreaa inaurrectlona, and repel invaaiona," approved Feb. 28, 1795, and the acts amendatory thereof, and for other purposes ; which was read twice by its title, and ordered to be printed. On the 14th of July, on motion of Mr. WUson, the bill was taken up and considered as in Committee of the Whole. The bill proposed to authorize the President COLORED SOLDIERS. 2lS to receive into the service of the United States, for the , purpose of constructing intrenchraents, or performing camp service, or any other labor or any military or naval service for which they may be found competent, persons of African descent ; and such persons are to be enrolled and organized under such regulations, not inconsistent with the Constitution and laws, as the President may prescribe, and are to be fed and clothed and paid such compensation for their services as they may agree to receive when enrolled. When any man or boy of African descent shall render any auch service, he, his mother, and his wife and children, are for ever thereafter to be free, any law, usage, or custom to the contrary notwithstanding. All persons who have been or shaU be hereafter enrolled In the service of the United States under the act are to receive the pay and rations now allowed by law to soldiers, according to their respective grades ; except that persons of African de scent who shall be employed are to receive ten dollars per month, and one ration. "I think, by an inadver tence," said Mr. Sherman (" for the senator from Massa chusetts would not have done it otherwise) , he has left out a very important clause in the thirteenth section, which was adopted by a deUberate vote of the Senate. I will therefore renew it. It is in section thirteen, line two, after the words 'African descent,' to insert the words, 'who by the laws of a State owes service or labor to any person, who, during the present Rebellion, has waged war against the United States, or has aided or assisted said Rebellion.'" Mr. Lane of Kansas said he must demand the yeas and nays on that amendraent, Mr. Sherman wanted the Senate to understand, that by 214 COLORED SOLDIERS, a deliberate vote, and by a conaiderable majority, the Senate determined that it would not apply the emanci pation clause of the bUl to any but the slavea of rebels. " By the section as it now stands, if any slave is employed to wheel a barrow of earth in making an intrenchment, or cutting down a tree, if he was the slave of the most loyal man in thia country, he would thereby be made free." — "I am perfectly willing," replied Mr. Lane of Kansas, "to provide in the bill for remunerating the loyal master ; but the idea in this amendment is to remand a man back to slavery, either to a loyal or a disloyal master, after he haa, fought in defence of hia country I " On the 15th, the Senate resumed the consideration of the bill ; the pending question being Mr. Sherman's amendment to restrict the emancipation clause to the slaves of rebels. "Slave-masters," said Mr. Pomeroy, " have no loyalty to brag of. I do not propose to give thera a bond in advance, and pledge the Government, that, if we use one of their slaves, we shall pay for him." Mr. Howard opposed Mr. Sherman's araendment. "I confess," he said, "that I am entirely opposed to the incorporation of the amendment of the senator from Ohio, in whatever form it may assume, into the bill. I cannot bear the idea ; and it seeras to me, that, if I were a slaveholder, I could not bear the idea of employing or suffering my slaves to be employed in defending me and my rights as a loyal man, taking arms in their hands, and going with me into the face of the battle, and risk ing their lives to defend my life and my family and my rights under my government, and afterwards reducing those poor creatures to slavery. I should regard it aa COLORED SOLDIERS. 215 a buming and eternal shame. I never could do it. I do not care how lowly, how humble, how degraded a negro may be, if he takes hia rausket, or any other implement of war, and risks his life to defend me, my countrymen, my family, ray government, my property, my liberties, my rights, against any foe, foreign or domestic, it is my duty under God, it is my duty as a man, as a lover of justice, to see to it that he shaU be free." — "I do not," said Mr. Harlan, "remember a single example since civilization commenced, when slaves have been mustered into the arraed service of a country, and again attempted to be returned to slavery." The question being taken on Mr. Sherman's araendment, by yeas and nays, resulted — yeas 18, nays 17. Mr. Browning moved to strike out the words, "his raother, and his wife and children." Mr. Harris supported the amendment ; believing it an impracticable thing, that could not be carried into eff'ect, to free the wives and children of slaves used in the mUitary service. The question was taken by yeas and naya, on Mr. Browning's amendraent, — yeaa 17, naya 20: so the amendment was rejected. Mr. Bro,wning moved to araend the thirteenth section by adding to it, "that the raother, vrife, and chUdren of such raan or boy of African descent shall not be raade free by the operation of thia act, except where such raother, wife, or children owe service or labor to sorae person, who, during the present Rebellion, has adhered to their enemies by giving them aid and comfort." Mr. Henderson earnestly supported the amendraent, as just to loyal slaveholders. The question, being taken by yeas and nays, resulted — yeaa 21, naya 16. Mr. Wright desired "to see every 216 COLORED SOLDIERS. thing on God'a earth taken by our generala that wiU asaist in the prosecution of the war. A general in the army, who will not employ every negro that comes within his lines to work, to labor, should be turned out instantly." — "The Revolution," said Mr. Doolittle, "and the seven -years' war with Great Britain, was the first parturition of America. During that long period of throes and pains and agony and blood, she gave her firat-born birth, — liberty, ay, Uberty ; but it waa liberty for the white man, and not liberty for the black. Now again, in God'a own time, and in a way that man knowa not of, America ia in the agoniea of her second child birth, praying to be delivered. In some way no human being can foresee, thia war, forced upon the country by the raadnesa and fanaticisra of the South, will, as all hearta believe, never end untU slavery ia put in the pro cess of final extinction ; untU liberty for the black man, the second offspring of America, shall be bom." — "I ara as confident," said Mr. Powell, "aa that I live and speak to the Senate of the United Statea to-day, that the policy of arming slavea, which has been adopted in one bUl that has passed both Housea of Congress, and is propoaed in the bill now under conaideration, ia the moat disaatroua measure for the integrity of this Union that has been or can be before this Congress." The bill was ordered to be engrossed for a third reading, and was read the third time. On its' passage, Mr. Sauls bury called for the yeas and nays, and they were ordered; and, being taken, resulted — yeas 28, nays 9 — as follows : — Yeas. — Messrs, Anthony, Browning, Chandler, Clark, Cowan, DooUttle, Fessenden, Foot, Foster, Hale, Harlan, Harris, Howard, COLORED SOLDIERS. 217 Howe, King, Lane of Indiana, Lane of Kansas, MorriU, Pomeroy, Bice, Sherman, Simmons, Sumner, Ten Eyck, Wade, Wilkinson, Wilson of Massachusetts, and Wright, — 28, Nats. — Messrs, Bayard, Carlile, Davis, Kennedy, Powell, Sauls bury, Stark, Willey, and Wilson of Missouri, — 9, So the bill wis passed by the Senate. In the House, on the 16th of July, the bill waa taken up; and Mr. Stevena (Rep.) of Pennsylvania demanded the previous queation on its passage, and it was ordered. Mr. Holman (Dem.) of Indiana moved to lay it on the table, Mr. Allen (Dem.) of BUnois demanded the yeas and nays, — yeas 30, nays 77. The bill was then passed, and received the approval of the President on the 17th of July, 1862. On the 10th of February, 1864, in the House of Representatives, Mr. Stevens (Rep.) of Pennsylvania moved to amend the Enrolment Act by striking out the twenty-seventh section, and inserting, in substance, "that all able-bodied male persons of African descent between the ages of twenty and forty-five, whether citizens or not, shall be enroUed and made a part of the national forcea ; and, when enrolled and drafted into the aervice, hia master ahaU be entitled to receive three hundred dollafa, and the drafted man shall be free." Mr. Boyd (Union) of Missouri suggested that Mr. Stevens modify his amendment, so as to pay only loyal masters ; and it was so modified. Mr. ©lay (Union) of Kentucky opposed the amendraent. Mr. Boutwell (Rep.) of Massachusetts moved to strike out " three hundred dollars," and insert "twenty-five dollars." "I desire," said Mr. Boutwell, " to say, in reply to the gentleman frora Kentucky, that we have reached that eraergency when men in the Border 19 218 COLORED SOLDIERS. States should understand, at least so far as I am con cerned, that slaves as inhabitants of the country are to be used as other men are used to put down this Rebel lion. No constitution or law of any State shall stand between rae and what I believe to be my duty to my country." Mr. Morris (Rep.) of New York and Mr. Creswell (Union) of Maryland advocated Mr. Stevens's amendment. Mr. Sraithers (Rep.) of Delaware said the people of that State had no scruples in relation to using colored soldiers. Mr. Davis (Rep.) of Mary land moved to strike out the proposed compensation to the masters of drafted slaves. The slaves " owe duty to the Governraent; and, if they do, we owe the masters nothing for taking them." Mr. Mallory (Dem.) of Kentucky said that " property is held in slaves. I do not mean that the person of the slave is property, and can be used as property ; that he can be killed, and eaten like a hog ; but that men own property in the labor and service of slaves in this country. The amendment of the gentleman from Maryland ignores this right, violates it in a plain, distinct, and palpable manner, and is con trary to the Constitution of the United States." On the llth, the House resumed the consideration of the Enrolment Bill ; the pending question being Mr. Davis's amendment to Mr. Stevens's amendment. Mr. Stevena accepted the amendment. Mr. Davis then • moved to amend by adding, that " the Secretary of War shall appoint a commission in each of the slave States represented in Congress, charged to award a just com pensation to each loyal owner of any slave who may volunteer into the aervice, payable out of the commuta tion money." Mr. Anderson (Union) of Kentucky waa COLORED SOLDIERS. 219 " in favor of taking the slaves of rebela in Kentucky, and of rebel sympathizers." Mr. Davis's amendment to the amendraent waa agreed to. Mr. Webster (Union) of Maryland moved to so amend Mr. Stevena'a araend ment as "to put the drafted man on the same footing with the volunteer alave." — " We do not," said Mr. Kelley (Rep.) of Pennsylvania, "give the Northem father Compensation for his minor aon who is drafted ; we do not give the Northem wife compensation for the husband whose labor was her aupport, if he be drafted ; we do not give the Northern orphan child compenaation for having withdra-wn the father whose labor was its sup port ; we do not give compensation to the poor wife and child of a poor man of Maryland or Kentucky when the draft designates her husband or its father : and I cannot see that the relation of this slave-owner to his elave ie one whit more aacred than that of the fatjjer to hia eon, the wife to her husband, or the child to its parent." — "I deny," aaid Mr. Harris (Dem.) of Mary land, "that you have a right to enlist or enroll a slave." Mr. Kasson (Rep.) of Iowa would vote to give com pensation in the case of slaves volunteering : he was against giving compensation in case of drafted slaves. Mr. Baldwin (Rep.) of Massachusetts raoved to araend the amendraent by striking out the words, "owner of any elave," and inserting, " the person to whom the colored volunteer may owe service ; " and the amendraent to the amendment was adopted. Mr. BroomaU (Rep.) of Penn sylvania moved that the section shall not apply to any district if the representative expressly ask that the slavea be exerapt frora draft, letting it fall the more heavily upon the white man. He was opposed to it ; but he 220 COLORED SOLDIERS. wanted a teat-vote on thia propoaition. "I have never found," he declared, "the moat snaky constituent of mine, who, when he was drafted, refused to let the blackest negro in the district go as a substitute for him." Mr. Broomall's amendment waa rejected. Mr. Webater moved to amend, so that the bounty now paid to the drafted man shall be paid to the person to whom any drafted man may owe any service or labor, — ayes 67, naya 44. Mr. Clay waa oppoaed to sending a recruiting officer into Kentucky : " It will create a civil war among us." Mr. Scofield (Rep.) of Pennsylvania said, "There were two conditions of slavery, — non-instruction to the elave ; non-discussion by the white man. These are acknowledged to be the two safeguards of slavery l»p- the statutes of almost every slave State where ignorance is comraanded to the slave, and silence to the white man. . . . Slavery is aurrounded by a cordon of missionary schoola for the black man. In those schools, the slaves of all ages are taught not only what can be leamed from booka and charta, but alao that they are, .and of right ought to be, free, — made ap by the lawa of God and the President's proclamation ; and that it is a duty they owe to God and the President to maintain that fi-eedom. When God shall please again to bless the land with peace, shall the negro lay aside his military belt, and resume the master's collar ? If the country would allow it, thejnaster would not. He wpuld as soon introduce to his plantation a person charged with some fatal in fection as his former slave, filled with antislavery ideas and military skill. He might court his industry, but not his dernoralized will. But the other safeguard of slavery — the silence of the white man — is broken also. COLORED SOLDIERS. 221 Discussion has opened in all the Border Statea, and can never again be hushed." Mr. Fernando Wood (Dem.) of New York desired " to call attention to the fact, that, while we are dis cussing a measure clearly and palpably in violation of the Constitution, the Confederate House df Repre sentatives is discussing measures of peace, re-union, and conciUation." Mr. Cox proposed to send Mr. Wood to Richmond to negotiate a peace based upon the old Union. Mr. Harding raoved to araend the proposed amendment by adding, " that the provisions of this sec tion in regard to slaves shall not apply to the State of Kentucky." Mr. liigby (Rep.) of California thought "the Government might go into every district, and take men to 'fill up the Union armies, no matter what the color of their skin." Mr. King (Dem.) of Missouri moved to amend, so that no slave could be recruited or drafted in any State which has passed an ordinance of emancipation. Mr. Davis, in reply to Mr. Harris, said, " The gentleman spoke of robbery. Sir, the ad vocates of slavery should seek some other term of reproach. Ita origin was in robbery ; and, if tirae and law have sanctioned it, they have not obliterated its his toric origin." Mr. Whalley (Union) of West Virginia moved to araend by adding, that the troopa of African descent shaU be organized into corapanies and regiments of their own color, and shall be commanded by white officers. Mr. Boutwell raoved to strike out the words, "shall be coramanded by white officers." He said, "It is an imputation on the white people of the country to say, that, in a fair contest, they are not able to main- 19* 222 COLORED SOLDIERS. tain, socially, intellectually, and morally, the ascendency. ... If, with the ascendency which twenty-five million white people have in a struggle with four million of an oppressed and degraded race, we are not able to maintain the ascendency, then, I say, surrender. I believe we are able to maintain that ascendency ; but whatever positions these people show themselvca capable of hold- ng, with honor to themaelvea and advantage to the country, never ahall my vote reatrain them from obtain ing." Mr. Boutwell withdrew his amendment, and Mr. Whalley's amendment was rejected. Mr. Rollins (Union) of Missouri moved to amend so that slavea who have enlisted shall be placed on the sarae footiag aa those that shall hereafter enlist, — ayes 52, naya 51. Mr. Harrington moved to insert the word '' white " before the word " volunteers ; " and it was rejected. Mr. Stevens's amendment as amended was adopted. By its provisions, colored men, whether free or slave, were to be enrolled and considered part of the national forces. The masters of slaves were to receive the hundred-dollar bounty to each drafted man on freeing their slaves. The Enrolment Bill was referred to a Conference Comraittee, consisting of Mr. Wilson of Massachusetts, Mr. Nesmith of Oregon, and Mr. Grimes of lovya, on the part of the Senate ; and Mr. Schenck of Ohio, Mr, Deming of Connecticut, and Mr. Kernan of New York, on the part of the House. In the Conference Coramit tee, Mr. Wilson stated that he never could assent to the amendment, unless the drafted slaves were made free on being mustered into the service of the United States. IVIr. Grimea sustained that position.; and the COLORED SOLDIERS. 223 House committee assented to it. The House amend ment was then modified so as to read, " That all able- bodied male colored persona between the agea of twenty and forty-five years, whether citizens or not, resident in the United States, shall be enrolled according to the pro-risions of this act, and of the act to which this is an amendment, and form part of the national forces ; and, when a slave of a loyal master shall be drafted and mustered into the service of the United States, his maater ahall have a certificate thereof; and thereupon auch alave shaU be free ; and the bounty of a hundred doUars, now payable by law for each drafted man, ahaU be paid to the person to whora such drafted person was owing service or labor at the tirae of his muster into the service of the United States. The Secretary of War shall appoint a commission in each of the slave States represented in Congress, charged to award, to each loyal person to whom a colored volunteer may owe service, a just compensation, not exceeding three hun dred doUara, for each such colored volunteer, payable out of the fund derived from commutation ; and every such colored volunteer, on being muetered into the ser vice, ehall be free." The report of the Conference Coraraittee was agreed to ; and it was enacted that every slave, whether a drafted man or a volunteer, shall be free on being mus tered into the mUitary service of the United States, not by the act of the master, but by the authority of the Federal Governraent. 224 CHAPTER xn. AID TO THE STATES TO EMANCIPATE THEIR SLAVES. MB. WILSON'S JOINT RESOLUTION. — HOUSE OOMMITTEE ON EMANCIPATION. MR. white's BILL. — MR. WILSON'S RESOLUTION, — MB, HENDERSON'S BILL. MR. NOELL'S BILL. — ME. WHITE'S REPORT, — REMARKS OF MR. CLEMENTS, — MR. WICKLIFFE. — MB, NOELL, — PASSAGE OF THE BILL. — HOUSE BILL EEPORTED BY MR, TRUMBULL. — REMARKS OF MR, HENDER SON, — MB. WILSON'S AMENDMENT, — REMARKS OF MR, FESSENDEN. — MR. TRUMBULL, — MR. FOSTER. — MR. WILSON, — ME. SHEEMAN, — MR. COWAN, — MR, BAYABD. — MR, CLARK, — MR, LANE OF KANSAS, — MR. MORRILL, MR, WILSON'S AMENDMENT. — MR. GRlMES'S SPEECH, — MR. KENNEDY'S SPEECH. MR. HARRIS'S REPORT. MR, WILSON OF MISSOURI. ME. wall's SPEECH, ME, RICHARDSON'S AMENDMENT. MR, COLLAMER'S AMENDMENT. — MR. SUMNER'S AMENDMENT. RE MARKS OP MR, POWELL, — MR, SUMNER'S AMENDMENT, — MR. SUMNER'S SPEECH. PASSAGE OF THE BILLAS AMENDED, MR. WHITE'S REPORT IN THE HOUSE. — BILL EEFEBEED TO COMMITTEE OF THE WHOLE. IN the Senate, on the 7th of March, 1862, Mr. WUson (Rep.) of Massachusetts asked leave to introduce a joint resolution to grant aid to the Statea of Maryland and Delaware to emancipate certain peraona held to service or labor. It provided, that in caae the Statea of Maryland and Delaware, within two years, shall enact that all persons held to service within those States shall be discharged from all claim to such service, and that neither slavery nor involuntary servitude shall thereafter exist in those States, the President may issue and de liver to those States the bonds of the United States, payable in twenty-five years, to an amount equal to two hundred and fifty dollars for each person ao dis- AID TO THE STATES TO EMANCIPATE. 225 charged and freed frora service or labor. Mr. Saulsbury objected, and the resolution was not acted upon. On the 10th, the Vice-President stated, that, " on Fri day, the senator frora Massachusetts (Mr. Wilson) aent to the chair a joint resolution, and it was objected to by the senator frora Delaware (Mr. Saulsbury) . It being a joint resolution, the objection of the senator frora Delaware precluded its reception. It is now in order for the senator to renew it, if he chooses so to do." Mr. Wilson asked leave to introduce his joint reaolution to grant aid to the Statea of Maryland and Delaware to eraancipate their slaves. "I intend," said Mr. Sauls bury, " to object to the proposition in every stage, and fight It at every stage : I shall make all objections at all stages that I have a right to make." Mr. Wilson said he did not understand that it required unanimous con sent, aa he had given notice more than a week ago. The Vice-President stated that " the senator from Mas sachusetts did on Friday send to the chair the joint resolution, and the title was read. The chair rules that that was notice ; and therefore the senator is entitled to ask leave to introduce his resolution to-day, under the notice already given." Leave was granted to Mr. Wil son to introduce his joint resolution ; and it was read, and passed to a second reading. In the House, on the 7th of AprU, 1862, Mr. White (Rep.) of Indiana introduced a resolution forthe ap pointment of a select committee of nine merabers — the chairraan and a majority of whora shall be merabers from the Statea of Delaware, Maryland, Virginia, Ken tucky, Tennesaee, and Missouri — to inquire and report whether any plan can be prepared and recommended for 226 AID TO THE STATES the gradual emancipation of all the African slaves and the extinction of slavery in those States by the people or local authorities. Mr. Roscoe Conkling (Rep.) of New York suggested the modification of the resolution, so as not to restrict the chair in the appointment of the committee ; and Mr. White ao modified his resolution. Mr. Mallory (Dem.) of Kentucky denounced the reao lution as " an unconstitutional absurdity," and moved that it be laid on the table. Mr. Cox (Dem.) of Ohio demanded the yeas and nays on Mr. MaUory's raotion, and they were taken, — yeas 51, nays 68. Mr. Val landighara called for the yeaa and nays on the passage of the resolutlpn, — yeas 67, nays 52 : so the resolu tion was passed. On the 14th of April, the Speaker announced as the select coramittee on the aubject of gradual emancipation in the alaveholding Statea, — Messrs. Albert S. White of Indiana, Francis P. Blair of Misaouri, George P. Fisher of Delaware, WiUiam E. Lehman of Pennsylvania, C. L. L. Leary of Maryland, K. V. Whaley of Virginia, James F. Wilson of Iowa, Samuel L. Casey of Kentucky, and Andrew J. Clements of Tennessee. On the 16th of July, Mr. White, from the Select Committee on Emancipation, reported a bUl granting the aid of the United Statea to certain Statea, upon the adoption by them of a aystem" of emancipation, and to provide for the colonization of free negroes, accompa nied by a report. The bUl provided, that whenever the President shaU be satisfied that any one of the Statea of Delaware, Maryland, Virginia, Kentucky, Tenneaaee, or Missouri, shall have emancipated the slaves therein, it shall be the duty of the President TO EMANCIPATE THEIR SLAVES. 227 to deliver to such State an amount of bonds of the United States, payable at thirty years, equal to the aggregate value of all slaves within such State at the rate of three hundred dollars for each slave, — the whole amount for any one State to be deliv ered at once if the emancipation shall be iraraediate, or in ratable instalraents if it shaU be gradual ; that no State shaU make any compensation to the o-wner of any slave who shall be proved to have willihgly engaged in or in any manner aided the present Rebel Uon. Mr. White, by unanimous consent, explained the action of the committee. "I wUl only add," he saidi " that this measure has passed the committee with great unanimity ; the slight dissent of any meraber being raore to detaU than to principle. It is addressed, not to the politician of an hour, but to historic men, conscious of the perU of their country, who know that great sacrifices must be made to save it, and look upon this aa the most hopeful, as it wUl be the noblest, in ita results." The biU was ordered to be printed, and referred to the Com mittee of the Whole on the State of the Union. In the Senate, on the 8th of December, 1862, Mr. WUaon of Massachusetts introduced a resolution, in structing the Coraraittee on Military Aff'airs to consider the expediency of providing by law for more effectually suppressing the Rebellion and securing doraestic tran quillity in the State of Missouri. On the 19th, Mr. Henderson (Union) of Missouri introduced a biU grant ing aid to that State to emancipate the alaves therein ; which was referred to the Judiciary Committee. In the House, on the 15th, Mr. Noell (Union) of Missouri introduced a bUl to secure the abolishment 228 AID TO THE STATES of slavery in the State of Missouri, and to provide compensation to loyal persona therein who own slavea ; which was referred to the Select Committee on Eman cipation. On the 22d, Mr. White, chairman of the committee, asked the consent of the House to report Mr. Noell's bill relative to the abolishment of slavery in Missouri, with a view to having it printed and recom mitted. Mr. Vallandigham (Dera.) of Ohio objecting, Mr.* White moved the suspension of the rules, — yeas 77, nays 36. Mr. Noell, on the 6th of January, 1863, reported back from the select comraittee, without amend ment, hia bill giving aid to Miaaouri, for the purpoae of securing the abolishraent of alavery therein. Mr. Val landigham raiaed a point of order on the reception of the bUl, which the Speaker overruled. The bUl provided that the Government of the United States will, upon the passage by the State of Missouri of a good and valid act of emancipation of all the slaves therein, and to be irrepealable unless by the consent of the United States, apply the aura of ten mUlion doUara in Unlted-Statea bonda, redeemable in thirty years from their date. Mr. Clements (Union) of Tennessee did intend to make a minority report, but was not aware the bill was to be reported : hence he deaired to make an explana tion. He was in favor of a general act to aid emanci pation in the Border elave States ; but he thought the LUI alone, by Itself, " to be of a sectional character," fand " for that reason I oppose it." — "I have seen It rtated," said Mr. Wickliff'e (Opp.) of Kentucky, "in the public prints, that, before the issuing of the Presi dent's proclamation, he received information from in- *«lllgent, unconditional Union men of Kentucky, which TO EMANCIPATE THEIR SLAVES. 229 satisfied him that there was a great change in publio sentiment among the people of Kentucky, and especially in the Union party, in favor of these miserable abolition schemes. I feel it my duty and my privUege to atate on thia floor, in the face of Heaven, in the presence of the Congress of the United States, and in the hearing of the nation, that there is not one in every three hun dred men in Kentucky who is in favor of such a meas ure, or of the proclamation." The result of a raeasure for the emancipation of alavea in the Border States, by the aid of the national treasury, " would, in my judg ment," said Mr. Clements, "deserve the thanks of all mankind; as it would, I believe, relieve our country, in time, of one of the greatest evUs that disturb our national quietude." Mr. NoeU advocated his biU as a just, wise, and beneficent measure. " I ara aware," he said, " that some of the public men in my own State believe that that sum is not large enough. I diflfer from them in opinion on that point. ... I believe that ten million doUars wiU be amply sufficient to pay for every slave of loyal ownera at the rate of three hun dred dollara each." Mr. Noell demanded the previous queation. Mr. Price (Dem.) of Missouri asked Mr. Noell to withdraw it, to allow him to offer an amend ment. Mr. Noell declared, if the amendment was to increase the amount naraed in the bUl, he could not adrait it. Mr. Price avowed that it did increase the amount. Mr. Holman (Dem.) of Indiana moved to lay the bill on the table, and deraanded the yeas and naya. They were ordered, — yeaa 42, nays 73. The question being on the passage of the bUl, it waa decided in the affirraative, — yeas 73, nays 46. 20 230 AID TO THE STATES In the Senate, on the 14th of January, Mr. Trum bull reported back from the Judiciary Committee Mr. Henderson's biU, with a recommendation that It be indefinitely postponed ; and the Senate concurred in the recoraraendation of the committee. Mr. Trumbull re ported back frora the committee Mr. Noell's House bUl, with an amendraent. On the 16th, on motion of Mr. Henderson, the Senate proceeded to the consideration of the House bill giving aid to Missouri for the abolish ment of slavery ; the queation pending being upon the amendment reported by the Committee on the Judiciary to atrike out all after the enacting clause of the bill, and insert, "That whenever satisfactory evidence ahall be preaented to the President of the United States that the State of Missouri has adopted a law, ordinance, or other provision, for the gradual or immediate emancipation of all the slaves therein, and the exclusion of slavery for ever thereafter from said State, it ahall be hia duty to prepare, and deliver to the Governor of said State, aa hereinafter provided, to be uaed by aaid State to com pensate fbr the inconveniences produced by such change of system, bonda ofthe United States to the amount of twenty million dollars, the same to bear Interest at the rate of five per cent per annum, and payable thirty years after the date thereof." Mr. Henderson said this bill was substantially the one he introduced. "The decree had gone forth, that alavery must be destroyed. It ia needless to argue that Missouri is beyond the Umits of this decree. It ia not beyond the influence of your past legislation, nor ia it beyond the influence of events far more powerful than acts of legislation. ... It is the best possible economy for the Govemment. If, in any TO EMANCIPATE THEIR SLAVES. 231 manner, Missouri ia held reaponsible for thia atate of things, she now presents her regrets. If it be charged that her admission into the Union gave origin to this unfortunate feud, she may at least claim the honor of fidelity to her pledge in the darkest hour of the nation's exiatence. If it be aaid that slavery is the cause of this Rebellion, ehe answers by placing slavery upon the altar of the country." On the 30th of January, the bUl, on motion of Mr. Trumbull, was considered. "To carry out the pledge," said Mr. Sherraan (Rep.) of Ohio, " we made one year ago, I ara willing to vote ten mUlion doUars in bonds of the United States to the State of Missouri. I will not vote for any more." -^"We cannot," replied Mr. Henderson, "emancipate In the State of Misaouri, under our Conatitutlon, with out paying the ownera for their property. If we undertake to liberate at all, we are bound to pay." Mr. Wilson (Dera.) of Missouri gave notice that he ehould move to increase the araount. "I am ready," said Mr. WUson of Masaachusetta, "to give my vote to tax the toUing men of my State — to tax the farmers, the mechanics, the merchants, the fishermen on the coasts of New England — to blot slavery out of the State. Yea, sir : I am ready to tax my own barren New Eng land eo ae to more effectually crush out this Rebellion, give domestic tranquillity, increase of population and of wealth, to that great Erapire State of the West. I shaU vote the money of Massachusetts with all my heart for emancipation in Missouri ; but, sir. It must be emanci pation now or within a few years. I care far less for the money than for the time. I am for raaking it a free State with free influences in ray day and generation." 232 AID TO THE STATES Mr. Wilson moved to araend the araendraent proposed by the committee by inserting in lieu of it, " that when ever satisfactory evidence shall be presented to the Pre sident of the United States that either of the States of Misaouri, Maryland, Delaware, or Weat Virginia, haa adopted a law, ordinance, or other provision, for the emancipation of all the slaves therein, and for the exclu sion of slavery for ever thereafter from such State, it shall be his duty to prepare, and deliver to the Gover-: nor of such State as shall ao provide, -r- to the Governor of Missouri eighteen million dollars, to the Governor of Maryland eighteen million dollars, to the Governor of Delaware three hundred thousand doUfira, and to the Governor of West Virginia one miUion five hundred thousand dollars, — bonds of the United States, bearing interest at the rate of five per cent per annum , and pay able thirty yeara after the date thereof." Mr. Fessenden (Rep.) of Maine aaid, "I confess that I am somewhat surprised at the change that has been made by the Com mittee on the Judiciary in the bill passed by the House of Representatives. I rose, sir, to suggest that the bill before us is better than the proposed substitute, because it is satisfactory to the House of Representativea, aatia- factory to the representative from the State of Missouri who introduced and advocated it ; Is less in amount, — proposing to appropriate only half as much, and yet. In my judgment, a sufficient amount." Mr. Henderson made an earnest and eloquent appeal for prorapt action. " Now is the moment," he asserted ; '" now js the accepted time. If eyer you intend to do any thing to carry out your pledges that you are oppoaed to the inatitution of slavery, now is that time." Mr. TO EMANCIPATE THEIR SLAVES. 233 TrumbuU explained the bill, and defended the action of the committee. "This bUl," he said, "proposes that slavery shall cease once and for ever after thirteen years. That is the object of it. The object of it is to insure freedora, and not perpetuate slavery. I would be glad if the shackles could fall frora every slave, not only in Missouri, but throughout the United States and the world, to-day ; but, sir, I cannot accoraplish it." Mr. Foster (Rep.) of Connecticut made an able and effec tive Speech in favor of the substitute of the coraraittee. He said, " In my opinion, Mr. President, no more grave question can be raised in this body. I think , the decision of that question affects directly, more directly than any other question before us, the existence and per petuity of the Governraent of the United Statea ; I wUl add, than any other queation which in the ordinary course of legislation can be brought before us. I wiU not say that the existence and perpetuity of the Union depend upon the manner in which that queation may be decided ; but I wUl aay, that if it be decided to make this State a free State, and we actually make It a free State, we do more to perpetuate the existence of the Republic than we can do in any other one way." Mr. Wilson of Massachusetts, in response to Mr. Henderson, said, "I assure the senator from Missouri, to whose earnest tones I have listened to-day with unmixed pleasure, whose devotion to the country we all so fully applaud, that I am ready to vote any reasonable sum frora the treasury of the nation to raake Missouri free, — free now, when freedom wUl bring to her law, order, and tranquUUty. I admit that it is important to take the first step ; and if this were a propoaition to aid a State situated like 20* 234 , AID TO THE STATES Kentucky or Tennessee, then I ahould regard the firat step as every thing gained : but for a great State like Missouri, with so few slavea, a State that has such mighty interests to become free at once, the proposition ia one that we ought not to entertain ; and I hope it wUl be voted down by the Senate of the United Statea. Let ua atamp upon her now war-desolated fielda the worda, ' Immediate emancipation,' and these blighted fielda wUl bloom again, and law and order and peace will again bless the dweUings of her people." — "I want to say," remarked Mr. Pomeroy (Rep.) of Kansas, "that I think Lllssourl is destined to become a free State at any rate. You cannot keep slavery In Missouri thirteen years without a standing army." On the SOth of January, the Senate, as in Committee of the Whole, resumed the consideration of the bUl, " I believe," said Mr. Sherraan, " that the condition of elavery aa a fixed and permanent relation in Missouri tends to keep up civU war in the State ; and that, the very moment she enters upon the path of gradual eman- cipatipn, all her sympathies and all her interests wUl be opposed to the preaent Rebellion, and in favor of the preaervatipn bf the Union. It ia to accomplish thia purpoae, to create a spirit in the State of Missouri in favor of the perpetuity of the Union, that I am wilUng to vote the money of the pepple of Ohio to aid in this object. That can be accomplished better by gradual emancipation than by iramediate emancipation." — "I should like to ask the senator from Ohio," said Mr. Cowan (Rep.) of Pennsylvania, "if a scheme of grad ual emancipation be adopted, where would be the necea sity for an appropriation at all ? I understand that the TO EMANCIPATE THEIR SLAVES. 235 usual mode by which that is effected is by declaring the children, bom after a certain time fixed, free." — " The right to the increase of slavea ia now," replied Mr. Sherman, " under the local law, a property right, and that is estimated at a certain proportion of the value of the slaves. I should be wiUing to contribute from the treaaury of the United States to the State of Miaeouri the value of that property right, according to their local law." — "The right," said Mr. Cowan, "re maina in the State perfect over the condition of the children yet unborn." Mr. Wilaon of Massachusetts, in reply to Mr. Sherman, said, " The senator from Ohio speaks with much feeling of the extrerae views of sorae of us who desire, in contributing of the public money to make Missouri a free State, to give the priceless boon of personal freedom to her hundred thousand bondraen. The senator earnestly deprecates such radicalism as cares for the rights and interests of the slave. He announces that he is willing to tax the people of America to pay for children not yet born ; no, not yet begotten. I am not. The senator talks of our extreme views, of our radicalism ; while he accepts the abhorrent dogma, that slave-masters have a right to the unborn, unbegotten issue of their slaves, — a right he ia wUling to tax the people of Ohio to pay. I, sir, give no such vote'. I will never consent to tax the people of Massachusetts to pay for unborn children twenty-two years hence." Mr. Henderson said, that, if a bill offer ing ten million dollars and iraraediate eraancipation were passed, " I for one, though I as earnestly desire emanci pation aa any man in Missouri, will ask the Legislature of that State not to accept it. That is plain and honest. 236 AID TO THE STATES In that event, I shall aak the Legislature of the State of Missouri, however, to adopt a gradual system of emancipation upon their own hook." — "I would not," said Mr. Bayard (Dem.) of Delaware, "throw a straw in the road of the people of Missouri, if it ia the wUl of the people of that State to aboliah alavery within ita limita, either now or at a future day; but I am unable to find in the Conatitutlon of the United Statea any authority for Congress interfering with that institution, or making an appropriation to aid any State for the pur pose of eraancipation." Mr. Henderson said, "I now move in line twenty- one to strike out ' seventy-six,' and insert ' eighty-five,' so aa to read, ' some day not later than the fourth day of July, 1885.'" — "That wiU aUow," remarked Mr. Howard (Rep.) of Michigan, "to the State of Missouri the period of twenty-two years within which to bring about emancipation. It seems to me that that is an unnecessarily long period. 1876 will be a great epoch in the history of this nation, as I trust, if the people are true to themselves, true to their o-wn interests, true to that tutelary Constitution under which we have lived and prospered for eighty long yeara paat. ,1 shall expect, ifl shaU have the good fortune to survive untU that day, to see the Conatitutlon in its vigor and purity restored, and the Union restored, and to see not one foot of slave soil within the territorial limits of the United States. I hope, sir, to live to see that day. I expect to live to see that day ; and I want, when that great day shall arrive, to have the pleasure of joining in its festivities, and listening to the roar of its cannon, and to the joyous shouts of the people of the TO EMANCIPATE THEIR SLAVES. 237 whole United States, that not only Missouri, but every other slaveholding State, is that day, at least, free, redeemed, eraancipated from the pestilence." — "I am opposed," aaid Mr. Clark (Rep.) of New Hampshire, "to the amendment of the senator from Missouri. I am, with the senator from Michigan, willing to keep in good faith the resolution adopted by the Senate and House of Representatives at the last session. I am wUling to aid any State in the gradual emancipation or in the iraraediate eraancipation of its slaves ; but I am not wUling that we should bear, as the senator from Missouri intimatea we ahould, the whole of this burden." Mr. Henderson aaid, " I hope that the amendraent I propose will be adopted. There are some senators here, like the senator from Ohio (Mr. Sherman) , who insist that emancipation must be grad ual in my State. He cannot vote for any proposition of emancipation unless it ia gradual. He doea not want any immediate eraancipation. The senator from Maaaa chusetts (Mr. WUson) , with the very aame integrity of purpose, with the same desire to accompUsh the purpose, says he must have it iraraediate ; and so saya the aenator frora New Hampshire. If the bill is to fall between the contrariety of opinion that I find here, let it fall at once." Mr. Clark replied, that he was wUlihg to give more to have it immediate, but was willing to give ten miUions for gradual emancipation. He would propose an araendment giving fifteen million dollars for imme diate emancipation, or ten million dollars for emanci pation on the 4th of July, 1876." — "I should," said Mr. Lane (Rep.) of Kansas, "like to ask the senator from New Hampshire, if in time of peace the question 238 AID TO THE STATES was asked him, ' How much money vrill the people of New Hampshire give to extend the area of freedom over sixty-five thouaand aquare milea of thia country ? ' what his answer would be. I think I know the people of New Hampahire weU enough to know that the answer would be, 'It ia not to be estimated by dollara and centa.'" — "In requiring," said Mr. WUaon, "that a practical meaaure that shall secure the object intended shall be adopted, I have no fear of being accuaed of UliberaUty or of want of fidelity to the cauae of the elave. I have a record, eir, of twenty-aeven yeara; and no vote of mine during those years, for men or for measures or for principles, has been in aupport of elavery." Mr. Foster would stand by the amendment of the committee. " The only difference of opinion is that it appropriates more money than may be necessary : but the mistake of a few mUlions too much is not fatal ; the mistake of a few mUlions below the point wUl be fatal." Mr, MorrUl (Rep.) of Maine aaid, "If Mia eouri, that great State lying in the centre of the conti nent, would speak the word, " We are on this side in this great contest ; we are on the side of freedom, free men, and free labor,' it would be worth ten million doUars to have the word spoken, and to have it spoken now, and would place that State on the side of the Government of the country." The presiding officer : " The queation recura on the amendment of the senator from Missouri, to strike out ' aeventy-aix,' and insert 'eighty -five.'" Mr. WUaon eaid, "I want the privUege of voting to give ten million dollara for emancipation in 1876 ; ao that the alternative preaented to the people of Miaaouri wiU be thia : Emancipation in 1865, twenty miUion dol- TO EMANCIPATE THEIR SLA-VES. 239 lare; emancipation in 1876, ten mUlion doUars." — "I move," said Mr. Clark, " to fill the blank with ten mU lion doUars ; and on that amendment I will ask for the yeas and nays." The yeas and nays were ordered. Mr. Clark said, " The effect of the amendment wiU be pre cisely this, as I understand it : We pay twenty miUion doUars for iraraediate emancipation by 1865, and pay ten milUon doUars for gradual emancipation In 1876." The question, being taken by yeas and naya, resulted — yeaa 16, nays 21. "I now move," said Mr. WUson of Massachusetts, "to amend the amendraent of the committee by striking out aU after the word ' that,' and inserting the foUowing : ' Whenever satisfactory evidence shall be presented to the President of the United States that the State of Missouri has adopted a law, ordinance, or other provision, for the eraancipation of aU the slaves therein, and for the exclusion of slavery for ever there after from the St.ate, it shall be his duty to prepare and deUver to the Governor of Missouri twenty milUon doUara in bonda of the United Statea, bearing intereat at the rate of five per cent per annum, and payable thirty yeara after the date thereof, to be uaed by that State to compenaate for the inconveniences produced by such change of ayatem.'" Mr. Grimea (Rep.) of Iowa moved to strike out " twenty milUon dollars," and insert " ten mUlion dollars." — "I ara wUling," he remarked, "to go before the people of my State, and undertake to justify — I beUeve I shaU be justified in making an appropriation of ten million doUars to create freedom, and only freedora, in the State of Missouri, frora and after 1865. I am wUling to take the responsibUity of giving that vote, and stand the test before the freeraen ! I 240 AID TO THE STATES of Iowa ; but informed as I am in regard to the condi tion of slavery in Missouri,- knowing as little as I do of the number of slavea within the State, and of their value, I am unwilling at thia time to vote more than ten million dollara." Mr. Wilson of Massachusetts said, " One proposition Is to put twenty million dollars in the pockets of the slaveholders, and give freedom to the slaves on the 4th of July, 1865 : the other proposition is to give ten mil lion dollars, and extend the time twelve yeara, — to 1876. One proposition fills the slaveholders' pockets with our money at once, gives freedora to the bondman, and brings content and peace there : the other propo sition puts off" emancipation for twelve years, and blaata the liopea of thousands of these people, and makea them diacontented ; and they will run away whenever they can." Mr. Lape of Kansas declared, " So far aa the blacka are concerned, they will be practically aa free under an act pf gradual emanclpatipu to take effect In 1876 aa under an act to take effect in 1865. . , ,1 aasure the aenator from Masaachusetta, with aome knowledge of the aubject of which I apeak, that an eraancipation bill to take full effect in 1876, so far as the black ia con cerned, ia as potent in securing hira freedom as an act to take effect in 1865." — "I confess I am aurpriaed," replied Mr. Wilson of Massachusetts, "that the sena tor from Kansas, .who haa such practical views on these questiona, and ia ao earneat in the cauae, can think that these slaves, who are now kept under chain, to prevent whose running away, aa he admita, arraed raen have to traverse the State, would be con tented with an act proraising them freedom thirteen TO EMANCIPATE THEIR SLAVES. 241 yeara hence. PaSa an act to raake them all free in two years, and they wiU be contented at once. They wiU shout for joy, and offer up prayers to Almighty God for our action and the action of the emancipa tionists : but if you pass an act that they shaU not be free for thirteen years, and that, in the mean time, they may be worked for nothing, sold, aent out of the State, and. If they run away, the Fugitive-slave Law may be brought to bear to bring them back, they will not be contented ; they wUl be turbulent. The very hopes of freedom, thus baffled, wiU excite thera to action, and they wUl run away ; and there wUl be dis content and trouble in that State on the part of raaster and slave." Mr. Kennedy (Dera.) of Maryland was opposed to all these measures. "Let us alone. The laws of political economy, of inevitable destiny, are Working out a remedy for slavery there. Do not tram mel us with questions that may precipitate iaaues that we cannot control, and which may involve our beloved State in the most horrid scenes of fratricidal war." On the amendraent of the Committee on the Judi ciary, by Mr. Harris, to atrike Out aU after the enacting clause, and insert an araendment giving twenty miUion dollars for immediate emancipation, Mr. Wilson of Miaaouri raoved to atrike out " twenty million," and insert " twenty-five raUlion " dollara, — yeas 2, nays 36. Mr. Davis spoke in opposition to the bUl. Mr. Turpie (Dera.) of Indiana followed in opposition to the measure and the policy of the Administration. " Do senators," he asked, " still desire to continue to agitate this most odious doctrine of interference with the sovereignty of the States ? Do they still desire to 21 242 AID TO THE STATES continue to agitate this dangerous and disgraceful ele ment in the political history of the country ? If they do, let them vote for the Misaouri bill." Mr. Wall (Dem.) of New Jersey opposed the bill. He said, " The President of the United States, in his message, told the country that history would never forget him nor thia Congresa. Sir, I do not think it will. As Sir Charles Townshend once said to . Lord Thurlow, who was an exceedingly profane man, when, in a burst of enthusiasm upon the floor of Parliament, he said, ' If I forget my sovereign, may my God forget me I ' 'No, no,' said the witty Townshend: 'he will see you damned first I ' And that, senators, I am afraid wUl be our condition with history. If we go on passing these enormous acts." Mr. Ten Eyck (Rep.) of New Jeraey addressed the Senate in favor of putting " the bill in such a shape that we raay vote to aid the State of Missouri, and thus establish a precedent for the other States that raay ask for assistance in the gradual abolition of slavery." Mr. Richardson (Dem.) of Illinois oppoaed the bill. " The Attorney-General," he said, " at the instance of the President, gives an opinion, announcing, for. the first tirae from any national official position in this country, that Africans born here are citizens ; disre garding the decision of the Supreme Court of the United States in the Dred Scott case, — the highest legal tribunal in the land. , . . The President wanted this opinion for some purpose. What was that pur pose ? Evidently for the advantage and benefit of the ' free American of African descent.' He has thought of nothing else, wrote of nothing else, talked of nothing TO EMANCIPATE THEIR SLAVES. 243 else, dreamed of nothing else, since his election to the Presidency ; and I fear lie wUl think of nothing else untU our Union is dissolved, .our Constitution destroyed, and our nationality lost." Mr. WUson of Missouri moved to amend by insert ing as a new section : ' That no part of the bonds herein specified shall be deUvered untU the act of the Legiala ture or the Constitutional Convention of the State of Missouri, providing for the emancipation of the' slaves in said State, shall be submitted to a vote of the people, and approved by a majority of the legal voters of said State." Mr. Henderson opposed the amendraent ; and Mr. Powell and Mr. Saulsbury advocated it. The question, being taken by yeas and nays, resulted — yeas 13, nays 27. "I ara," said Mr. Harris, "an ardent friend of the measure proposed by this bill. - 1 regard it as the most iraportant raeasure that has been presented to the con sideration of the Senate during ita present session. Forty years ago, sir, the first great conffict between alavery and freedora took place in reference to the ad mission of the State of Missouri. In that conflict, slavery was successful. It secured a predominance of poUtical power which was never effectually checked until the election of 1860. I desire exceedingly, that, in reference to this very State, we should begin to roll back the tide of slavery. There ia peculiar fitness in it ; but, sir, I aee from the discussions here to-day that there ia danger that this great and iraportant measure may faU on account of some division of its frienda in reference to the detaUs. Apprehending that, and desir ing to avoid it, I propose to make one further effort to 244 AID TO THB STATES prepare a bill which shall harraonize the friends of the measure of emancipatipn in Misspuri ; and, with a view tP that, I mpve that the bill itself, with the preposition of the senator from Massachusetts, be recommitted to the Committee on the Judiciary." The motion was agreed to. Mr. Harris, on the 2d of February, reported back from the Judiciary Committee the bill, with amend ments. On the fith, Mr. Henderson moved to take up the bill ; and the motion was agreed to. On the 7th, the Senate resumed its consideration. Mr. Richardson moved that each one of the bonds issued by virtue of the provisions of this act shall have indorsed ori the back thereof, in writing, as follows : " Thia bond waa issued • for the purpose of paying for slaves emanci pated in the State of Missouri," — yeas 13, nays 27, Mr. Dixon (Rep.) of Connecticut moved to strike out "twenty mUlion," and insert "eleven million" dollars, — yeas 14, nays 24, Mr, Collamer (Rep.) of Ver mont moved to strike out " twenty miUion," and insert "fifteen million" dollars, — yeas 15, nays 21. Mr. Sumner (Rep.) of Massachusetts moved to strike out "1876," and insert "1864." — "I move," he said, " to strike out ' seventy-six,' and insert ' sixty-four,' so that the act of emancipation ahall go into operation on the fourth day of July, 1864 ; and, air, my reason for the amendment is this : this bill, aa I underatand it, ia a bill of peace ; it is to bring tranquillity to a dis turbed State. . . . Sir, for the sake of the United Statea at this moment, for the sake of Missouri herself, for the sake of every slave-master in Misaouri, and for the sake of every slave, I insist that this proposition shaU go TO EMANCIPATE THEIR SLAVES. 245 Into execution at the nearest possible day. The testi mony of reason, of comraon sense, and of history, is uniforra in that direction ; and I challenge any contra diction to it." Mr. WiUey (Union) of Virginia thought it would be much better for Missouri and for the slave, if, instead of " 1876," it was " 1900." Mr. WUson of Missouri understood Mr. Sumner to desire to strike out " 1876," " for the purpose of forcing immediate emancipation ; " and therefore he could not vote for it. Mr. Henderson wished to stand by the bill aa reported by the Comrait tee pn the Judiciary. Mr. Davis spoke at great length in opposition to the bill and araendraent. In the course of his speech, he declared that "the negroes are re claimed savages, and you want to put them in a position where they wUl relapse into savagisra." — "Allow rae to suggest," reraarked Mr. Griraes, "that it cannot be possible that thia race, after they have been under the huraanizing effects of ' the domestic institution ' aa it ia enjoyed by the State of Kentucky, can be regarded in the same Ught with the savages whose employment Lord Chathara denounced." The question, being taken by yeas and nays on Mr. Suraner's amendment, resulted — yeas 11, nays 26. Mr. Powell denounced the bUl. "Is there," he asked, "any morality in it? What kind of morals is that, that wUl take from the people of a State, against their will, their property, not for the purpose of benefiting the State, but for the purpose of gratifying the fanatical zeal of a party temporarUy in power ? " On the 12th, the Senate resuraed the conaideration of the biU, and Mr. Saulsbury apoke in opposition to 21* 246 AID TO THE STATES the measure. Mr. Sumner moved to amend the amend ment by striking out "three hundred," and inserting "two hundred" dollars, as the measure of value of slaves, — yeas 19, nays 17. Mr. Sumner then moved to strike out the worda " gradual or," in aection one, so that the money will be paid on evidence of " the im mediate emancipation of all alaves therein." The luestion, being taken by yeas and nays, resulted — yeas 11, nays 27. Mr. Sumner moved to amend the House bill by striking out "ten million," and inserting "twenty mil lion " dollars. On motion of Mr, Fesaenden, the yeas and nays were taken, — yeaa 3, naya 37. The quea tion recurring on the amendment reported by Mr. Har- rla to the House bill, Mr. Sumner closed the debate in a brief, concise, and eloquent speech. He said, " Pro crastination ia the thief, not only of time, but of virtue itaelf; but auch ia the nature of man, that he ia disposed alwaya to delay, ao that he doea nothing to-day which he can put off tUl to-morrow. Perhapa in no aingle matter haa thia disposition been more apparent than with regard to slavery. Every consideration of hu manity, justice, religion, reason, common sense, and history, all demanded the instant cessation of an intol erable wrong, without procrastination or delay. But human nature would not yield ; and we have been driven to argue the queation, whether an outrage, asserting property in man, denying the conjugal relation, annul ling the parental relation, shutting out human improve ment, and robbing ita victim of all the fruits of his industry, — the whole, in order to compel work without wages, — should be stopped instantly or gradually. It TO EMANCIPATE TIIEIR SLAVES. 247 is only when we regard slavery in its essential ele ments, and look at its unutterable and unquestionable atrocity, that we. can fully coraprehend the raingled folly and wickedness of this question. If it were merely a question of economy or a question of policy, then the Senate might properly debate whether the change should be instant or gradual ; but considera tions of economy and policy are all absorbed in the higher claims of justice and humanity. There is no question whether justice and huraanity shall be im mediate or gradual. ... If you would contribute to the strength and glory of the United States ; if you would bless Missouri ; if you would benefit the slave-master ; if you would elevate the slave ; and, still further, if you would afford an exaraple which shall fortify and sanctify the Republic, making it at once citadel and teraple, — do not put off the day of freedora. In this case, raore than in any other, he gives twice who quickly gives." The question waa on Mr. Harris's substitute ; and, being taken by yeas and nays, resulted — yeas 26, nays 10. So the araendraent as amended was con curred in. The question was then taken on the passage of the bill aa amended, — yeas 23, nays 18. So the bUl was passed by the Senate. In the House of Representatives, when the bill was taken from the Speaker's table, Mr. Norton (Dem.) of Missouri raised the point of order, that, the bUl must have ita first consideration in the Committee of the Whole on the State of the Union. The Speaker ruled that the point of order was well taken. Mr. White (Rep.) of Indiana, Chairmali of the Select Committee on Emancipation, raoved ita reference to that commit- 248 AID TO THE STATES TO EMANCIPATE. tee. Mr. Vallandigham demanded the yeas and naya on the motion of reference, — yeas 81, naya 51. On the 3d of March, Mr. White, from the Select Commit tee, moved to auspend the rules, eo that the House may proceed to the consideration of the bUl to aid the State of Missouri in emancipation, reported from the Select Committee on Emancipation. The question was taken ; and there were — yeas 63, nays 57 ; and it was decided in the negative, two-thirds not voting for the suapen- aion of the rulea. So the bUl to aid Missouri in the emancipatipn pf the slaves therein was lest in the House of Representativea In the closing houra pf the Thirty- seventh Congress. 249 CHAPTER xm. AMENDMENT OE THE CONSTITUTION. MR. ASHLEY'S BILL. — MB. WILSON'S JOINT RESOLUTION, — HOUSE COM MITTEE ON THE JUDICIARY. MR. HENDERSON'S JOINT EESOLUTION. .— MR. SUMNER'S RESOLUTION. — MB, HENDERSON'S AMENDMENT EE PORTED WITH AN AMENDMENT, — REMARKS OF MR, TRUMBULL, — MR. WILSON, ME, DAVIS'S AMENDMENT, — REMARKS OF ME, SAULSBURY. MR, CLARK, ^ — MR, HOWE, MR, JOHNSON. — MR, DAVIS'S AMEND MENTS. — MR, POWELL'S AMENDMENT, — REMAHKS OF MR, HARLAN. — MR. HALE,, — MR, m'dOUGALL. — MR, HENDRICKS, — MR, HENDER SON. — MR, SUMNER, — MR, SUMNER'S AMENDMENT, — REMARKS OF MR. TRUMBULL, — MR. HOWARD. — PASSAGE OF TIIE JOINT RESOLU TION IN THE SENATE, — MB. MORRIS'S SPEECH, — REMARKS OF MR. HERRICK. — MR, KELLOGG, — MR. PRUYN, — MR, WOOD, — MR, HIGBY. — 'MR. wheeler's amendment, — MR. KELLOGG OF MICHIGAN, — MR, ROSS, — ME, HOLMAN, — MR. THAYER, — ME. MALLORY, — MB, INGER SOLL. — MR, PENDLETON'S AMENDMENT. — JOINT RESOLUTION DE FEATED. MR. ASHLEY'S MOTION TO RECONSIDER. THE Speaker of the House of Representatives, on Monday the 14th of December, 1863, after an nouncing the standing committees, stated that the first business in order was the call of the States for bUls and joint resolutions. When the State of Ohio was called, Mr. Ashley (Rep.), Chairman of the Committee on Territories, introduced a bUl to provide for submitting to the Statea a propoaition to araend the Constitution, prohibiting slavery. The proposed amendraent de clared that " alavery is hereby for ever prohibited in aU the States of the Union, and in all Territories now owned, or which raay hereafter be acquired, by the United States," Mr. WUliam J. AUen (Dem.) of 250 AMENDMENT OF THE CONSTITUTION. ' Illinois demanded the reading of the bill, and it was read in full by the clerk, Mr, Ashley then moved its reference to the Comraittee on the Judiciary, Mr. Holman (Dera.) of Indiana objected to its second read ing ; but the Speaker overruled his point of orde», and the bill was read twice, and referred to the Judiciary Committee. Wlien the State of Iowa was called, Mr. Wilson (Rep.), Chairman of the Committee on the Judiciary, introduced a joint resolution, submitting to the legis latures of the States this amendment to the Constitu tion : — "Sect. 1. — Slavery, being incompatible with a free gov ernment, is for ever prohibited in the United States ; and involuntary servitude shall be permitted only as a punishment for crime. " Sect. 2. — Congress shall have power to enforce the fore going section of this article by appropriate legislation." Mr. Fernando Wood of New York, the acknowl edged leader, in the House, of the peace Demo crats, demanded the reading of the amendment; and it was read twice, and referred to the Judiciary Com mittee. The Comraittee on the Judiciary, to whora the House committed the bill of Mr. Ashley and the joint resolu tion of Mr. Wilson, was made up, by Speaker Colfax, of five Republicans, three Democrats, and Ex-Governor Thomas of Maryland, who generally sustained the pol icy of the Administration. Mr. Wilson of Iowa, chairraan of the coramittee, Ex-Governor Boutwell of Massachusetts, and Mr. WUIiaras of Pennsylvania, were known to be earneat and uncompromising anti- AMENDMENT OF THB CONSTITUTION. 251 slavery raen ; Mr. Woodbridge of Vermont and Mr. Morris of New York, though less known, were hardly less firm in adherence to the policy of emancipation ; Ex-Governor King (Dem.) of Missouri had allied him self to the slave-preserving interests of his State ; Mr. Bliss (Dem.) of Ohio was an avowed enemy of the emancipation policy of the Administration ; and Mr. Kernan (Dem.) of New York, though an able lawyer and liberal legislator, was the personal associate and political adherent of Governor Seymour, and was gen eraUy regarded as too deeply interested in the aspirations and fortunes of his friend and leader always to foUow the con-rictlons of his judgment or the generous im pulses of his heart. Ex-Governor Thomas of Maryland had recently coraraitted himself to the policy of eraan cipation, and had allied himself to the party destined to make his native State a free commonwealth. On the llth of January, 1864, Mr. Henderson (Ind.) of Missouri introduced into the Senate a joint resolu tion, proposing an amendment to the Constitution, pro-riding that slavery shaU not exist In the United States. The proposed amendment was referred to the Committee on the Judiciary. That committee was composed of five Republicans, — Mr. TrurabuU of IIH nois, Mr. Foster of Connecticut, Mr. Ten Eyck of New Jersey, Mr. Harris of New York, and Mr. How ard of Michigan; and of two Deraocrata, — Mr. Bay ard of Delaware and Mr. Powell of Kentucky. Mr. Sumner of Massachusetts, on the 8th of Febru ary, introduced a joint resolution, providing that, " everywhere -within the limits of the United Statea, and of each State or Territory thereof, all peraona are 252 AMENDMENT OF THE CONSTITUTION. equal before the law, so that no person can hold another as a slave." Mr. Sumner moved the reference of the resolution to the Select Coramittee on Slavery, of which he was chairman. Mr. Trumbull would refer it to the Committee on the Judiciary, that had under consider- tion the amendment introduced early in the session by Mr. Henderson of Missouri. Mr. Fessenden suggested that Mr. Trumbull move to amend the motion of refer ence so as to substitute the Committee on the Judiciary. Mr. TrumbuU replied, that he had auggested that refer ence to the aenator from Maaaachusetts, thinking he would give it that direction. Mr. Doolittle of Wiscon sin had never before heard that an amendment to the Constitution was ever referred to any other than the Ju diciary Committee, and he thought it clearly ought to go to that committee. Mr. Suraner thought the reso lution under which the Select Committee on Slavery was raised broad enough to cover any proposition in regard to alavery ; but If the aenator from lUinoia de sired the resolution to go to the Judiciary Comraittee, of which that senatpr was the honored head, he should consent with the greatest pleasure. Mr. Saulsbury of Delaware moved the indefinite postponement of the resolution : eight senators voted yea, and thirty-one senators voted nay. The reaolution waa then referred to the Judiciary Committee. On the 10th of Febmary, Mr. Trumbull, from the Committee on the Judiciary, reported adveraely on Mr. Sumner'a resolution. At the sarae time, he made a report on the joint resolution originally introduced by Mr. Henderson, to strike out aU after the resolving clause, and insert, — AMENDMENT OF THE CONSTITUTION. 253 " That the following article bo proposed to the legislatures of the several States, as an amendment to the Constitution of the United States, which, when ratified by three-fourths of said legislatures, shall be valid, to all intents and purposes, as a part of the said Constitution ; namely : — "Art. 13, Sect. 1. — Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shaU have been duly convicted, shaU exist within the United States, or any place subject to their jurisdiction. " Skot. 2. — Congress shall have power to enforce thia ar ticle by appropriate legislation." On Monday, the 28th of March, the Senate, as in Coramittee of the Whole, proceeded to consider the joint resolution ; the pending question being the amend ment proposed by the Judiciary Coraraittee to the ori ginal resolution introduced by Mr. Henderson. The chairman of the coraraittee, Mr. Trumbull, opened the debate in a brief, clear, and comprehensive state ment of the question. Speaking for the committee, he said, "I think, then, it is reasonable to suppose, that, if this proposed amendment passes Congress, It will, within a year, receive the ratification of the requisite number of States to make it a part of the Constitu tion. That accompUahed, we are for ever freed of this troublesome question. We accomplish then what the statesraen of this country have been struggling to ac complish for years. We take this question entirely away from the politics of the country. We relieve Congress of sectional strifes ; and, what is better than all, we restore to a whole race that freedom which is theirs by the gift of God^ but which we for generations have wickedly denied them." 22 254 AMENDMENT OF THE CONSTITUTION. Mr. Wilson (Rep.) of Massachusetts followed Mr. Trumbull in advocacy of the proposed amendment. " The crowning act," he said, " in this series of acts for the restriction and extinction of slavery in America, is this proposed amendment to the Constitution, pro hibiting the existence of slavery for evermore In the Republic of the United States. If this amendment shall be incorporated by the will of the nation Into the Constitution of the United States, it will obliterate the laat lingering vestiges of the slave system — ita chattelizing, degrading, and bloody codes ; its dark, malignant, barbarizing spirit ; all it was and is ; every thing connected with it or pertaining to it — from the face of the nation it has scarred with moral desolation, from the bosom of the country it haa reddened with the blood and atrewn with the graves of patriotism. The incorporation of this amendment Into the organic law of the nation will make impossible for evermore the re-appearing of the discarded slave system, and the re turning of the despotism of the slave-master's domina tion. Then, sir, when this amendment to the Consti tution shall be consuraraated, the shackle wUl faU from the limbs of the hapleaa bondman, and the laah drop from the weary hand of the task-master. Then the sharp cry of the agonizing hearts of severed famiUes wiU cease to vex the weary ear of the nation, and to pierce the ear of Him whose judgments are now aven ging the wrongs of centuries. Then the slave mart, pen, and auction-block, with their clanking fetters for huraan lirabs, will disappear from the land they have brutalized ; and the schoolhouse will rise to enlighten the darkened intellect of a race imbruted by long yeara AMENDMENT OF THE CONSTITUTION. 255 of enforced ignorance. Then the sacred righta of human nature, the hallowed family relations of husband and wife, parent and child, will be protected by the guardian spirit of that law which makes aacred alike the proud homes and lowly cabins of freedora. Then the scarred earth, blighted by the sweat and tears of bondage, wUl bloom again under the quickening culture of rewarded toil. Then the wronged victim of the slave system, the poor white man, the aand-hUler, the clay-eater, of the wasted fielda of Carolina, impover ished, debased, dishonored by the system that raakes toU a badge of disgrace, and the instruction of the brain and soul of man a crime, wUl lift hia abaahed forehead to the skies, and begin to run the race of iraproveraent, progress, and elevation. Then the nation, 'regenerat ed and disinthralled by the genius of universal emanci pation,' wUl run the career of development, power, and glory, quickened, animated, and guided by the spirit of the Christian democracy, that ' pulls not the highest down, but lifts the lowest up.'" On the 30th, Mr. Davis of Kentucky addressed the Senate In opposition to the amendment, in a lengthy and discursive speech, in which he vehemently assaUed the Adrainistration. " The raost effective single cause of the pending war," he avowed, " waa the intermed dling of Massachusetts vrith the Institution of slavery." He declared it to be an " objection of overruling weight, that no revision of the Constitution, in any form, ought to be undertaken under the auspicea of the party In power." Mr. Davia cloaed his speech by the emphatic declaration, that "if the dominant party can continue their power and rule, either by the wIU or acquiescence 256 AMENDMENT OF THE CONSTITUTION. of the people, or the exercise of the formidable powers which it has usurped, I am not able to see any termina tion of the present and still growing ills short of the ordeal of general and bloody anarchy." On the 3d of March, Mr. Davis had presented an amendment, in which he proposed that the States of Maine and Mas sachusetts should form and constitute one State of the United Statea, to be called East New England ; and the States of New Hampshire, Rhode Island, Connecticut, and Vermont, should form and constitute one State of the United States, to be caUed West New England. This division of New England into two States — Maine and Massachusetts, separated by New Hampshire, con stituting East New England ; and New Hampshire and Vermont, Connecticut and Rhode Island, sepa rated by Massachusetts, constituting West New Eng land — seemed, to those familiar with the map of the country, to be rather an awkward geographical diri sion. But, at the close of his speech, the senator from Kentucky, having doubtless extended liis geographical researches, proposed a new arrangement, — that "the States of Maine, New Hampshire, and Vermont, are forraed into and shall constitute one State of the United States, to be called North New England ; and the States of Massachusetts, Connecticut, and Rhode Island, are formed into and constitute one State of the United States, to be called South New England." But this new geographical and political division of New England was not brought by its originator to the test of a vote of the Senate. Mr. Saulsbury of Delaware followed on the 31st in opposition to the amendment, and in vindication of AMENDMENT OF THE CONSTITUTION. 257 slavery on principle. " The Alraighty r" he said, " ira mediately after the Flood, condemned a whole race to servitude. He said, 'Cursed be Canaan.' Slavery continued among all people until the advent of the Christian era. It was recognized in the new dispen- Bation which was to supersede the old. It has the sanction of God's own apostles ; for, when Paul sent back Onesiraus to Philemon, he sent his doulos, a slave born as such." Mr. Clark of New Hampshire followed Mr. Saulsbury, in a speech of much clear ness and force, in favor of the amendment. " I am told," he aaid, "that thia ia not the time for auch an amendraent of the Constitution. Pray when, sir, will it come? Will it be when the President has issued more and raore calls for two or three hundred thousand men of the country'a bravest and best? WUl it be when more fathers and husbands and sons have fallen, and their graves are thicker by the banks of the rivers and streamlets and hillsides? WUl it be when there are more scenes like this I hold in my hand, — an artist's picture, a photograph of an actuality, — a quiet spot by the side of a river, with the moon shining upon the water, and a lonely sentinel keeping guard ; and here, in the open space, the head-boards marking the burial-places of many a soldier-boy, and an open grave to receive another inraate ; and, underneath, the words, *AU quieten the Potomac ' ? Will it be when such scenes of quiet are more numerous,. not only along the Potomac, but by the Rapidan, the Chickahominy, the Stone, the Tennessee, the Cumberland, the Big Black, and the Red? Sir, now, in my judgment, is the tirae, and the fitting time. Never until now could 22* 258 AMENDMENT OF THE CONSTITUTION. this amendraent have been carried ; and now I hope and believe it can." On the 4th of April, Mr. Howe pf Wisconsin made a quaint and earnest speech for the amendment. " What," he asked, " are the apologies for thia Institution ? I have heard them. We hear them daily. That which we hear the oftenest, that which is insisted upon the loudest, is, that alaves are only made of negrees, pr of the descendants of negroes, and that they, as a race, are inferior to the whites. Whether the fact is ao or not, I ahaU not spend a moraent in arguing ; but I affirm this, that if, in the whole catalogue of excuses that are offered for crimes and offencea, one single excuse could be found more odious than the crirae itself, it is this one excuse for elavery. Admit that, as a race, they are inferior to the race of the whites : I ask senators, I ask men, if that is a fact which authorizes you or me to enslave thera. Sir, the excuse not only shames what sense of manhood there is in us who are grown up, but it shames all the manliness of the boys of the country." Mr. Johnson, on the 5th of April, addressed the Senate In support of the amend ment. The representative of a slave State just casting aside it^ burden, a lawyer of acknowledged eminence, and a statesman of large experience, his speech com manded the marked attention of the Senate. In the outset of hia remarks, he moat eraphatically avowed, "I am aatisfied now, and I waa aatisfied throughout all the contests in which that question has been presented, that, sooner or later, the present condition of things was in evitable, or something nearly like them. If," said he, "there be justice in God's providence. If we are at liberty to suppose that he wiU not abandon mau and AMENDMEN'T OF THB CONSTITUTION. 259 his rights to their own fate, and suffer their destiny to be worked out by their own means and with their own lights, I never doubted that the day must come when human slavery would be exterminated by a convulsive effort on the part of the bondmen, unless that other and better reason and influence which raight bring it about should be successful, — the mild though powerful influences of that higher and elevated morality which the Christian religion teaches." At the close of Mr. Johnson's speech, Mr. Davis moved to strike out all after the word "namely" in the amendment reported by the committee, and insert, "No negro, or person whose mother br grandmother is or was a negro, shall be a citizen of the United States, and be eUgible to any civU or mUitary office,. or to any place of trust or profit, under the United States." The question, being taken by yeas and nays, resulted — yeas 5, nays 32. Mr. Davis then proposed to araend the araendraent reported by the committee by adding these words to the firat aection of the pro posed article : " But no slave shaU be entitled to his or her freedom under this amendment, if resident, at the time it takea effect, in any State the laws of which forbid free negroes to reside therein, until removed from auch State by the Government of the United States." Upon this araendraent he asked the yeas and nays ; but only four senators sustained his caU, and his amendment was rejected without a division. Mr. Davis further pro poaed to araend the araendment by adding at the end of the aecond section, that Congreaa shall distribute the emancipated slaves among the free States. This amend ment waa rejected without a division. Mr. Powell now 260 AMENDMENT OF THE CONSTITUTION. moved to amend the amendment of the committee by adding at the end of the first section, "No slavea shall be emancipated by thia article, unless the owner thereof shall be first paid the value of the slave or slaves so emancipated," — yeas 2, nays 34. On the fith of April, Mr. Harlan of Iowa addressed the Senate in an exhaust ive speech in favor of the amendment ofthe Constitution. He emphatically denied any just title to the services of the adult offspring of the slave mother, and pronounced it "a mere usurpation, without any known mode of jus tification under any existing code of laws huraan or divine. . . . The justice of this claim," he declared, "cannot be found either in reason, natural justice, or the principles of the common law, or in any positive municipal or statute regulation of any State, or in the Hebrew code written by the finger of God protruded fi-om the fiame of fire on the summit. of Sinai." Mr. Harlan was foUowed by Mr. Saulsbury in a labored defence of slavery, and in denunciation of the proposed amendment of the Constitution, as a "fraud" upon the nation. He pronounced " auch an araendment to be the clearest cause of secession that could possibly be fur nished or that ever haa been furniahed to any State." Mr, Hale made an earneat, eloquent, and effective appeal in favor of placing the nation In harmony with the lawa of God. He closed his speech by saying, " Sir, when the great founder of the Dutch Republic (William the SUent, I think he was called), after losing his armies, his treasure, his finances, and every thing but his own indomitable courage and his Christian faith, counselled hia foUowera again to rally, and again to strike for freedom, they asked him, ' Have you secured AMENDMENT OF THB CONSTITUTION. 261 any alliancea? are there any of the potentates and powera of the earth that you could aaaociate with, that wiU aid you in the atruggle in which you propose to en gage?' his answer was, 'Yes: I have allied myself to the King of kings, and in hia atrength I invite you to go to battle.' Sir, that ia the poaitlon, and the only posi tion, this nation can occupy. If we cannot do that ; if we cannot put away from us the great sin and the great crime which has separated us, not only from the sym pathies of the Chriatian world, but from the blessings of the God of the Christian world, — then indeed is our cause hopeless and our struggle desperate." Mr. M'DougaU of California, in a brief, clear, and emphatic speech, denounced the proposed araendment of the Con stitution, and the entire antislavery policy of the Gov ernment. He would vote against the amendment of the Constitution if he stood alone in the Senate. The adoption of the amendraent "would add twenty -five or fifty per cent to the vital forcea of the Southern Con federacy." He had oppoaed the antislavery policy. "It achieves," he declared, "nothing that tends toward victory : it only arouses the fiercer aniraosity of an already violent foe." Mr. PoweU was opposed to any amendment ; but, if we are to enter upon that work, let us exhibit to the world that our ideas are not restricted to one, — the subject of African slavery ; and he pro posed several amendments, which were voted down, without reference to their merits, by the friends of the amendment to the Constitution for the extinction of slavery. Mr. Davis proposed an araendment concerning the election of President, which was rejected without a division. The amendraent of the Judiciary Committee 262 AMENDMENT OF THE CONSTITUTION. was then adopted, and the joint resolution reported to the Senate as amended. On the 7th, Mr. Hendricka of Indiana spoke in op position to the amendment of the Constitution. He had never, he said, discussed the moral question of slavery before the people. " I do not," he aaid, " intend to dis cuss it here, because with the moral questions of slavery the Federal Government has nothing to do. Are the negroes," he aaked, "to remain among us? I can say to the senator, that they never wiU associate with the white people of this country upon terms of equality." Mr. Henderson of Missouri, the mover of the original proposition, followed Mr. Hendricks in a lengthy, thorough, and effective speech in advocacy of the ex tinction of slavery by a constitutional amendment. "Our ancestors," he said, "acknowledged the truth, when they proclaimed the inalienable right of Hberty unto all men. That declaration gave them Uberty. It fired the world, and enlisted the sympathies of civiUza tion. So soon as they obtained it for themselves, how ever, the false counsels of expediency came te refuse it to others." Mr. Sumner, on the 8th, spoke in favor of the ex tinction of slavery by constitutional amendments and by other modes of legislation. " There is nothing," he declared, "in the Constitution, on which slavery can rest, or find even the least support. Even on the face of that instrument, it is an outlaw; but. If we look further at its provisions, we find at least four distinct sources of power, which, if executed, must render alavery impoa- sible, while the prearable makea them all vital for free dom : firat, the power to provide for the common defence AMENDMENT OF THE CONSTITUTION. 263 and general welfare ; secondly, the power to raise arraies and raaintain navies ; thirdly, the power to guarantee to every State a republican form of governraent ; and, fourthly, the power to secure liberty to every person restrained without due process of law. But aU these provisions are something more than powers : they are duties also. And yet we are constantly and painfully rerainded In this Charaber that pending raeasures against alavery are unconstitutional. Sir, this is an iraraense mistake. Nothing against slavery can be unconstitu tional. It is only hesitation which is unconstitutional." Mr. Sumner closed by moving to amend the bill by striking out the words of the proposed article, and in serting the foUowing : " All persons are equal before the law, so that no person can hold another as a slave ; and Congreaa raay make aU lawa necessary and proper to carry this article into effect everywhere -within the United States and the jurisdiction thereof." Mr. Powell did not believe, with Mr. Clark, that " slavery waa the cauae of aU our woea. The bad faith of the aboUtionists had done more to bring this war about than aU the efforts of the fire-eatera of the South." At the cloae of Mr. Powell'a speech, the Vice-Presi dent stated the question to be on the amendment moved by Mr. Sumner. " In placing," said Mr. Sumner, " a new and important text into the Constitution, it aeema to me we cannot be too careful in the language we adopt." The amendment proposed by the coramittee, he thought, started with the attempt to reproduce the Jefferson Ordinance ; and he doubted the expediency of reproducing that ordinance : for he objected " to the Jeflferson Ordinance, even if it were presented in its 264 AMENDMENT OF THE CONSTITUTION. original text. He should prefer the form sent to the Chair, which he offered aa a auggestion ; but, if aenatora did not incline to it, he had no desire to press it." — " At an early stage of the session," said Mr. Trumbull, " the aenator from Missouri introduced a proposition to amend the Constitution of the United States so aa for ever to prohibit slavery. That resolution was referred to the Coraraittee on the Judiciary. At a later day, a month or two afterwards, the senator from Maasachu- aetta also introduced a propoaition to prohibit slavery. The committee had both those propositions before them. . , , I do not know that I ahould have adopted theae preciae words ; but a majority of the committee thought they were the best words : they accomplish the object ; and I cannot aee why the aenator from Maasachusetts should be so pertinacious about particular words," — "I wish, as much as the senator from Massachusetts," said Mr. Howard of Michigan, " in malting this amend ment, to use significant language, — language that can not be mistaken or misunderstood : but I prefer to dismiaa aU reference to French constitutions or French codes, and go back to the good old Anglo-Saxon language employed by our fathers in the Ordinance of 1787 ; an expression which has been adjudicated upon repeatedly, which is perfectly well understood both by the public and by judicial tribunals ; a phrase, I may say further, which is peculiarly near and dear to the people of the North-western Territory, frora whose soU slavery was excluded by it." Mr. Sumner withdrew his propoaition. Mr. Saulsbury offered an amendraent embodied in twenty sectiona ; but, on a division, only two votea were given for it. Mr. M'Dougall thought, before the final AMENDMENT OF THE CONSTITUTION. 265 vote was taken, it was due to himself to make a few remarks. " I look upon this policy," he said, " as being a policy for sacrificing the whple of the colored people now occupying parts of this Republic. This policy will Ingulf them. They can never commingle with us." The yeas and nays were then taken on the passage of the joint resolution, submitting to the legislatures of the several States a proposition to araend the Constitu tion of the United States ; and 38 senators voted yea, and 6 senators voted nay, as foUows : — Teas, — Messrs. Anthony, Brown, Chandler, Clark, Collamer, Conness, Cowan, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, Hale, Harding, Harlan, Harris, Henderson, Howard, Howe, Johnson, Lane of Indiana, Lane of Kansas, Morgan, Morrill, Nesmith, Pome roy, Ramsey, Sherman, Sprague, Sumner, Ten Eyck, Trumbull, Van Winkle, Wade, Wilkinson, Willey, and Wilson, — 38, Nays, — Messrs. Davis, Hendricks, M'Dougall, Powell, Riddle, and Saulsbury, — 8, In the House of 'Representatives, on the 31st of May, the joint resolution, subraitting to the legislatures of the several Statea a proposition to amend the Constitu tion of the United States, was taken up. Mr. Holman (Dera.) of Indiana objected to its second reading ; and the Speaker stated the question to be, " Shall the joint reaolution be rejected?" Mr. WUson (Rep.) of Iowa demanded the previous question, and Mr. Schenck (Rep.) of Ohio demanded the yeas and nays, — yeas 55, nays 76. Mr. Wilson, Chairman of the Judiciary Comraittee, having, at an early day before the propoaed amendment was discussed in either House, made an elaborate speech in favor of the extinction of slavery by the adoption of a constitutional amendraent, yielded the floor to Mr. 23 266 AMENDMENT OF THE CONSTITUTION. Morris of New York, a member of the Judiciary Com raittee. "I aver," declared Mr.* Morris, in opening the debate, " that no nation can violate any moral law, with out incurring a penalty. No member of society, no matter how weak or humble, can be oppressed, without injury to the whole. It is an inexorable law. Tiiere is a system of compensation In the economy of God, and applicable to nationa and individuals, as inevitable as that fire will burn. We raay not admit it ; but time will realize the fact. We may not recognize the hand ; but the chastening will corae as certainly as that God is just. Legislators as well aa divines should remember these trutha." Mr. Herrick (Dera.) of New York followed Mr. Mor ris in opposition to the araendment. He declared that " the adoption of this measure could have no other effect than to seal for ever the dissolution of the Union : it meant nothing else than etemiil disunion, continuous war." Mr. Kellogg (Rep.) of New York followed in support of the amendment, and for the suppression of the Rebellion. " No expense," he said, " no sacrifice, no allurement, must deter or divert ua ; but rising with the emergency, and equal to every fate, we muat meet and master every obstacle that stands in the way of the complete supremacy of the Constitution and the laws." The consideration of the question waa resumed on the 14th of June; and Mr. Pruyn (Dem.) of New York addressed the House In opposition to the amend ment. Mr. Fernando Wood (Dem.) of New York eaid that " the bloody and brutal policy of the Ad ministration party had well-nigh destroyed all hope of reconstruction. Thia proposed alteration of the Con- AMENDMENT OF THE CONSTITUTION. 267 stitution was beypnd the power of the Government. It involves the extermination ofthe white men ofthe South em States, and the forfeiture of aU the land and other property belonging to them. Negroea and mUitary colo nists wUl take the place of the race thus blotted out of existence. Is this intended as the last scene ofthe bloody draraa of carnage and civil war now being prosecuted ? The world looks on with horror, and it will leave to future ages a fearful warning to avoid similar acts of perfidious atrocity." Mr. Higby (Rep.) of CaHfornia said, " The Constitution should be adapted to the condi tion of the country where the noble men of the loyal States are giving up their Uves and where they have given them up by thousands. Their bones are bleach ing upon hundreds of battle-fields. They are drenching with their blood the soil over which they are mov ing, with Victory perching on their bannera, and kilHng out the roota of alavery so that it cannot exist." "It ia an attempt," said Mr. Kalbfleisch (Dem.) of New York, " to replenish their almoat exhausted stock of political capital by creating a new iasue baaed upon the slavery question before the people, in the hope of renewing that agitation upon the turbulent waves of which they were swept Into the power which they have so deplorably abused." Mr. Wheeler (Dem.) of Wis consin presented an amendment to add to the reaolution, — " that thia article ahall not apply to the Statea of Kentucky, Missouri, Delaware, and Maryland, until after the expiration .of ten years from the time the same shall be ratified." " Slavery," aaid Mr. Shannon (Rep.) of California, " is paganism refined, brutality- vitiated, dishonesty corrupted ; and, sir, we are aaked 268 AMENDMENT OF THE CONSTITUTION. to retain this curse, to protect it, after it haa corrupted our aona, dishonored our daughtera, aub verted our inati- tutiona, and shed rivers of the best blood of our country men." Mr. Marcy (Dem.) of New Hampshire as sured the supporters of the Administration that their " career was fast drawing to a close." Mr. Coffroth (Dem.) of Pennsylvania opposed the bUl, and bitterly assailed the policy of the Administration. " Slavery," he exclairaed, " is denounced as the cauae of the Rebel lion. I deny this, though it may be the occasion, aa money Is the occasion of larceny, robbery, or burglary." — "I waa here," said Mr. Kellogg (Rep.) of Michigan, " when the Rebellion broke out ; and I do not believe the adoption of the Crittenden Compromise would have postponed the war a single week. Southern senators laughed at the idea of being satisfied in such a way. They were determined, to dissolve the Union, and estab lish a separate govemment in conformity with their ideas ; and they firmly believed that we would allow them to do so. They had a supreme contempt for the people of the North, and never dreamed of the difficul ties in the way, or the oppoaition they were to encounter. They had made up their minds to do as they pleased, and set the Government of the United States at defi ance." Mr. Ross (Dem.) of Illinois advocated peace. He suggested that " we first agree upon an armistice, and then send commissioners, to meet, on the 4th of July, at Mount Vernon, around the grave of Washing ton." He declared that "suggestions in fiivor of an amicable adjustment" would not meet the approba tion of the adherents of the Administration. Mr. Holman (Dem.) of Indiana eaid, "This bUl, having AMENDMENT OF THE CONSTITUTION. 269 passed the Senate, only awaits the approval of the House. Of aU the measures of this disastrous Admin istration, each in Its turn producing new calaraities, this attempt to tamper with the Constitution threatens the moat perraanent injury." The debate was continued, on the 15th of June, by Mr. Farnsworth (Rep.) of lUraoia. "When," eaid he, "we atood in the breach, and declared that alavery should go no further ; that it should not spread over the land ; that they should not ' call the roll of their slaves under the shadow of Bunker Hill,' nor ' flog thera In the corn-fields of Illinois,' — then the slaveholders brought on the RebeUion." Mr. Thayer (Rep.) of Pennsylvania declared that " humanity and civilization revolt against a sentiraent so inhuraan in itself, and so debasing to the mind that holds it, as the senti ment which we listened to yesterday, — that slavery is the best possible condition of the negro race." — "I re-affirm it," said Mr. Fernando Wood. "I am wUling," replied Mr. Thayer, " that he should re affirm it. ... I can only say, that, for myself, I would not hold or avow a sentiment so barbarous, so cruel, and so inhuman in Its character, as that, for all the wealth and honor that are erabraced within the four quarters of the world." Mr. Mallory (Dera.) of Kentucky denounced the proposed amendment of the Constitution aa a palpable violation of the reserved righta of the States." — "Madness and despair rule," said Mr. Kelley (Rep.) of Pennsylvania ; " and I shall consurae none of the brief tirae allotted to rae by following the gentleman from Kentucky. . . . But, sir, the privilege is not often 28* 270 AMENDMENT OP THE CONSTITUTION. given to men to perform an act, the influence of which will be felt beneficently by the poor, the oppressed, the ignorant, and the degraded of all lands, and which will endure until terminated by the wreck of matter and the crush of worlda. I rise that I may thus publicly thank God, and the good people by whose suffrages I am here to-day, for the golden opportunity afforded me of doing such an act." Mr. Edgerton (Dem.) of Indiana avowed that it was " better for our country, better for man, that negro elavery exist a thousand years, than that American white raen lose their constitutional liberty in the extinc tion of the constitutional aovereignty of the Federal States of thia Union." — "Never," aaid Mr. Arnold (Rep.) of lUinoia, "since the day when John Adams pleaded for the Declaration of Independence, has so important a question been submitted to an American Congreaa aa that upon which you are now about to vote. The aignlng of the immortal Declaration ia a familiar picture In every log-cabin and reaidence all over the land. Paaa thia reaolution, and the grand spectacle of this vote, which knocka off the fettera of a whole race, will make this scene immortal." Mr. Ingersoll (Rep.) of Illinois, the successor of Owen Lovejoy, followed Mr. Arnold in an earnest and eloquent apjieal for the araendraent. " I know full well," he aaid, "if the lamented Lovejoy, my honored and noble predecessor, could come to-day frora the unseen world, and take hia place among us, his manly and eloquent voice would be heard in this hall, as in days past, with all the earnestness of his great soul, pronouncing in favor of the adoption of this resolution AMENDMENT OF THE CONSTITUTION. 271 in favor of universal liberty and the rights of man kind." Mr. Randall (Dem.) of Pennsylvania maintained that " the only mpde in which the Union can be restored, and put on the march of a newer and raore glorious progress, is by having due regard to the mutual advan tages and interests of the States." Mj:. Rollins of Missouri oppoaed the amendment in an earnest speech. Mr. Pendleton (Dem.) of Ohio moved, as a substi tute for the joint resolution, a provision subraitting it to the conventions of the several- States, so that the ratification, if at aU, shall be by conventions of three- fourths of the States. Mr. Pendleton made an elabo rate apeech in oppoaition to the amendraent of the Conatltution. "We rauat," he aaid, "retrace our steps ; we raust retum to State rights." At the close of Mr. Pendleton's speech, the House proceeded to vote. The araendments proposed by Mr. Wheeler and Mr. Pendleton were rejected. Mr. Holman de manded the yeas and nays on the passage of the joint resolution, and they were ordered. The queation was taken ; and it was decided in the negative, — yeas 93, naya 65, not voting 23, — aa fol lows : — Yeas. — Messrs. Alley, Allison, Ames, Anderson, Arnold, Baily, John D, Baldwin, Baxter, Beaman, Blaine, Blair, Blow, Boutwell, Boyd,- Brandegee, BroomaU, Ambrose W. Clark, Freeman Clarke, Cobb, Cole, Creswell, Dawes, Deraing, Dixon, Donnelly, Driggs, Eckley, Eliot, Famswortb, Fenton, Frank, Garfield, Goooh, Griswold, Hale, Higby, Hooper, Hotchkiss, Asaliel W, Hubbard, John H, Hub bard, Hulburd, Ingersoll, Jenckes, Julian, Kasson, Kelley, Francis W, Kellogg, Orlando Kellogg, Littlejohn, Loan, Longyear, Marvin, M'Clurg, M'Indoe, Samuel F. Miller, Moorhead, Morrill, Daniel Morris, Amos Myers, Leonard Myers, Norton, OdeU, Charles O'Neill, 272 AMENDMENT OP THE CONSTITUTION. Orth, Patterson, Perham, Pike, Price, Alexander H, Bice, John H, Eice, Schenck, Scofield, Shannon, Sloan, Smith, Sraithers, Spalding, Starr, Stevens, Tliayer, Thomas, Tracy, Upson, Van Valkenburgh, Eliliu B, Washburne, Webster, Whaley, Wheeler, Williams, Wilder, Wilson, Windom, and Woodbridge, — 93, Nays, — Messrs, James C, Allen, WiUiam J, Allen, Ancona, Ashley, Augustus C, Baldwin, Bliss, Brooks, James S, Brown, Chanler, Coffroth, Cox, Cravens, Dawson, Denison, Eden, Edgerton, Eldridge, English, Finck, Ganson, Grider, Harding, Harrington, Herrick, Hol man, Hutchins, Philip Johnson, William .Johnson, KiilbHeisch, Kernan, King, Law, Lazear, Le Blond, Long, MaUory, Marcy, M'AUister, M'Dowell, M'Kinney, WiUiam H. Miller, Janies R. Morris, Morrison, Noble, John O'Neill, Pendleton, Pruyn, Radford, Samuel J, Randall, Robinson, Rogers, James S, Rollins, Ross, Scott, John B, Steele, WiUiam G, Steele, Stiles, Strouse, Stuart, Sweat, Wadsworth, Ward, Chilton A, White, Joseph W, White, and Fernando Wood, — 66, Not Voting, — Messrs, WiUiam G, Brown, Clay, Henry Winter Davis, Thomas T, Davis, Dumont, Grinnell, HaU, Benjarain 6, Harris, Charles M, Harris, Knapp, M'Bride, Middleton, Nelson, Perry, Pomeroy, WiUiam H, Randall, Edward II, Rollins, Stebbins, Voorhees, WiUiam B, Washburn, Winfield, Benjamin Wood, aud Yeaman, — 23. So the joint resolution was not passed; two-thirds not having voted in favor thereof. Mr. Odell (Dera.) of New York, Mr. Griswold (Dem.) of New York, Mr. BaUy (Dera.) of Pennsylvania, and Mr. Wheeler (Dem.) of Wisconsin, voted for the joint resolution. Mr. Ashley (Rep.) changed his vote from the affirma tive to the negative, for the purpose of submitting, at the proper time, a motion to reconsider. Mr. Ash ley entered his motion to reconsider the vote ; and that motion is now the pending question in the House. 273 CHAPTER xrv. REPEAL OF FUGITI-VE-SLAVE LAWS. MB. Howe's bili,. — mu. wii,mot's bill. — mr, Wilson's bill, — mr, Ste vens's BILL. — MR. ASHLEY'S BILL. — MR, JOLIAN'S BILL, — SPECIAL COMMITTEE ON SLAVERY, — MR, SUMMER'S BILL AND REPORT. — MR. FOSTER'S SPEECH, — MR, SHERMAN'S AMENDMENT. — MR, JOHNSON'S SPEECH, — MR. SUMNER'S SPEECH. MR. SAULSBURY'S AMENDMENT. MR, brown's speech. MR, HOWARD'S AMENDMENT. — REMARKS OFMR, CONNESS. — MR, MOBRIS'S BILL, — REMARKS OF MR, MALLORY. — MR, MORRIS, — MR, WILSON, — MR. PENDLETON, — MR, KINO. — MR. COX. — MB. HUBBARD, — MR, FARNSWORTH. — PASSAGE OF MR, MORRIS'S BILL IN THE HOUSE. — »R, MORRIS'S BILL REPORTED BY MR. SUMNER. — MK. saulsbury's AMENDMENT. — MR. JOHNSON'S AMENDMENT. — PAS SAGE OF THE BILL. IN the Senate, on the 26th of December, 1861, Mr. Howe (Rep.) of Wisconsin introduced a bill to repeal the Fugitive-slave Act of 1850. In presenting the biU, Mr. Howe declared that " the act has had ita day. Aa a party act, it haa done ita work. It has probably done as much mischief as any other one act that was ever passed by the National Legislature. I am not sure but it has done aa much raischlef as all the acts ever passed by the National Legislature since the adoption of the Federal Constitution." The bill was read twice, referred to the Coramittee on the Judiciary, and reported back adversely by Mr. Ten Eyck (Rep.) of New Jersey, on the llth of February, 1863;\ On the 23d of May, 1862, Mr. WUmot (Rep.) of Pennsylvania introduced a bUl requiring an oath of allegiance in certain cases and for other purposes. The 274 REPEAL OP FUGITIVE-SLAVE LAWS. bill provided, that before any person owing service shall be delivered up, and before any process ahaU be here after issued for the arrest of any fiigitive frora aervice, the person ao claiming such aervice shall solemnly swear that he wUl aupport and defend the Constitution and Government of the United States againat all enemies, domestic or foreign ; and that he has not, by word or deed, given aid, comfort, or encouragement to the Re beUion ; that, in all casea of arrest of persons claimed aa fugitives from service, it shall be the duty of the officer before whora such fugitive shall be taken to sum mon before him such witnesses as the fiigitive shall, on oath, declare to be material to disprove any of the alle gations of the claimant, or to eatabliah his freedora ; and, in the exaraination and trial of such cases, no witness shall be excluded on account of color. Mr. Wilraot'a bUl waa read twice, referred to the Coraraittee on the District of Colurabia, and reported back on the 27th of May by Mr. Wade (Rep.) of Ohip without 'amend ment. On the 24th of May, 1862, Mr. WUson (Rep.) of Massachuaetta introduced a bill to amend the Fugitlve- alave Act of 1850. The bUl aecured to peraona claimed aa fiigltlvea from aervice or labor in one State a right to a trial by jury in the District Court of the United Statea for the district in which they may be ; the proceedinga to be the same aa on an indictment, aubject to a writ of error from the Circuit Court and from the Supreme Court, aa provided in the Judiciary Act of 1789. It gave to euch peraons held for trial the right to baU before and pending the trial. It required that the per son claiming the service of any fugitive should prove REPEAL OF FUaiTIVE-SLAVB LAWS. 275 that he was loyal to the Government, and had not in any raanner aided the RebelUon ; and it repealed sec tiona eix, eeven, eight, nine, and ten, and part of section five, of the act of Sept. 18, 1850. Mr. Wil son, on the 10th of June, moved to take up the bill for conelder ation. Mr. Powell (Dem.) of Kentucky de manded the yeas and naye ; and they were ordered, — yeas 25, nays 10. So the motion was agreed to ; and the Senate proceeded to ita consideration. Mr. Trum buU (Rep.) of BUnois, reraarking that the bUl was a long one, and the hour was late, moved an adjournment ; which was carried. In the House of Representatives, after the announce ment of the standing comraittees of the Thirty-eighth Congress, on the 14th of December, 1863, the Speaker stated that the first businesa in order waa the call of the Statea for bUla and joint reeolutione. Mr. Stevena (Rep.) of Pennaylvania introduced a bUl to repeal the Fugitive-alave Act, approved Feb. 12, 1793, and the act amendatory thereto, approved Sept. 18, 1850 ; Mr. Aehley (Rep.) of Ohio introduced a biU to repeal the Fugitive-alave Act of 1850, and all acte and parte of acts for the rendition of fugitive alaves; Mr. JuUan (Rep.) of Indiana introduced a biU to repeal the third and fourth sectiona of the act respecting fugitives from jua- tice, and peraons escaping from the service of their maatera, approved Feb. 12, 1793, and the act to amend and eupplementary to the aforeaald act, approved Sept. 18, 1850 ; and theae biUa were referred to the Judiciary Committee. On the aame day, Mr. JuUan aubmitted a reaolution, inatructing the Judiciary Committee to re port a bUl to repeal the third and fourth aectlone of an 276 REPEAL OP FUGITIVE-SLAVE LAWS. act respecting fiigltlves from justice and persona eacap- ing from the aervice of their masters, approved Feb. 12, 1793 ; and the act to amend and suppleraentary to the aforesaid act, approved Sept. 18, 1850. Mr. Holraan (Dem.) of Indiana moved to lay the resolution on the table, and demanded the yeaa and naya, — yeaa 82, nays 73. In the Senate, on the 13th of January, 1864, Mr. Sumner moved that a select coramittee of eeven be ap pointed to take into consideration all propositions con ceming alavery and the treatment of freedmen. The reaolution was agreed to ; and the Vice-President ap pointed Mr. Sumner (Rep.) of Massachusetts, Mr. Howard (Rep.) of Michigan, Mr. Carlile (Dem.) of Virginia, Mr. Poraeroy (Rep.) of Kansas, Mr. Buck alew (Dem.) of Pennsylvania, Mr. Brown (Rep.) of Missouri, and Mr. Conness (Union) of CaHfornia. Mr. Sumner, Mr. Howard, Mr. Pomeroy, and Mr. Brown, are recognized aa thorough, earnest, radical antislavery men ; Mr. Carlile is a proslavery man from conviction ; Mr. Buckalew is a fair representative of the sentimenta, opiniona, and policy of the leaders pf the Northern Democracy ; Mr. Conness, though trained in the faith of the Democratic party, is an earnest and uncompro mising opponent of slavery and its champions in every form. On the 8th of February, Mr. Sumner asked and obtained leave to introduce a bill to repeal all laws for the rendition of fugitive alavea ; which was read twice by its title, and referred to the Select Com mittee on Slavery and Freedmen. Mr. Sumner, on the 29th of February, from the Select Committee on REPEAL OF FUGITIVE-SLAVE LAWS. 277 Slavery, reported a bUl, accompanied by a report, for the repeal of aU acta, and parts of acts, requiring the rendition of fugitive slaves. The bill was read twice, and the report ordered to be printed. Mr. Sumner stated that the minority of the committee, desired to present their views in the form of a minority report. Mr. Conness moved to print ten thousand extra copies of the report. Mr. Buckalew, on the 1st of March, asked leave of the Senate to present a report from the minority of the Committee on the Repeal of the HMgi- tive- slave Acts ; and the report was received ; and, on motion of Mr. Powell, it was ordered to be printed. He also moved to print ten thousand extra copies of the report ; and the motion was referred to the Committee on Printing. Mr. Sumner's report in support of the bUl was lengthy, elaborate, and exhaustive. The legal, political, and moral aspects of the question were fully preaented. Mr. Buckalew's report discussed the ques tiona involved in the light of the legislation and judicial deciaions of the Governraent, and the avowals of the pubUc raen of the past. On the 7th of March, Mr. Sumner asked the Senate to take up the bUl, with a view to make it the special order for a future day. His motion was agreed to ; and he moved to make it the special order for the 9th of March, and it was carried. On Wednesday, the 9th, Mr. Sumner called for the special order. Mr. Davia of Kentucky expressed a desire to debate the bUl ; and on motion of Mr. Suraner, at the suggestion of Mr. Hen dricks, it was postponed to Wednesday, the 16th, and made the special order for one o'clock. On the 19th, Mr. Sumner moved that the Senate proceed to Ahe con- 24 278 REPEAL OF FUGITIVE-SLAVE LAWS. sideration of the bUl. Mr. TrurabuU deraanded the yeas and nays, — yeas 26, naya 10; Mr. Cowan, Mr. Willey, and Mr. Van Winkle, voting with the Derao cratic aenatora in the negative. The bUl waa reported to the Senate, ordered to be engrossed, and read a third tirae. Mr. Foster of Connecticut was " net prepared tp see the bill pass just new." Mr. Sumner had "not the least desire to address the Senate. It seems to be per fectly plain. It Is like a diagram ; it is Hke the multipli- cati»n-table ; it is Hke the ten commandments." Mr. Foster did not apprehend that the bill was to be put on ita passage at the present time : he confessed he ex pected to say something upon it. Mr. Pomeroy thought " we might as well pass the bill now." Mr. Buckalew called for the yeas and nays, and they were ordered. Mr. Hendricks aaid, " It may be that our fathera erred in the agreement among themaelvea that a fugitive alave ehould be retumed ; it may be that it was a mistake on their part : but while their agreement standa, and whUe my oath is upon my conscience to reapect that agreement, I cannot vote for a bill like this." Mr. Sherman had " some doubt about the expediency of now repealing the law of 1793." Mr. Sumner said the committee felt " that we had better make a clean thing of it, purify the country, lift the country up before foreign nations, and let us now wash our hands of all aupport of slavery." Mr. Sherman said that " the law of 1793 waa framed by the men who framed the Conatitutlon. It haa been declared to be valid and constitutional by every tribunal that has acted upon it." Mr. Suraner replied that "it waa declared to be unconstitutional by the Supreme Court pf the United States in the Prigg case ; and the REPEAL OP FUGITIVE-SLAVE LAWS. 279 senator knows very weU that it is among the recorde in the life of Judge Story, who gave the opinion in the Prigg case, that the fatal objection to the act of 1793, that it did not give a trial by jury in a case of human freedom, was never argued before the court, and that he personally conaidered it an open queation." Mr. Sherman aaid, " Under theae circumatancea, I prefer not to repeal the law of 1793, about the conatitutionallty of which I have little doubt." Mr. Sherman then moved to reconaider the vote ordering the biU to be engroaaed, for the purpose of offering an amendment ; and the vote was reconsidered. He then moved to add at the end of the biU the words, "except the act approyed Feb. 12, 1793, entitled 'An act respecting fugitives from jus tice, and peraona eacaplng from the aervice of their maa tera.' " Mr. Henderaon moved to amend the amendment of the senator from Ohio by repealing the act of 1850 ; and then the act of 1793 wUl certainly remain in force, because the act of 1850 ia merely amendatory of the act of 1793. Mr. Sherman thought "we had better repeal aU the lawa on the aubject, except the act of 1793." Mr. Johnaon said that "the Constitution as It is now, according to ray interpretation of it, not only authorizes the passage of the act of 1793, and the passage of the act of 1850, but made it the duty of Congress to pass some law of that description. The honorable member from Massachusetts is mistaken, I tliink, in supposing that Mr. Justice Story ever even doubted the conatitutionallty of the act of 1793." Mr. Sumner would " aimply refer the senator to the Life of Judge Story, by his son, and the elaborate chapter on the Prigg decision." Mr. Johnson had seen it. "There 280 REPEAL OP FUGITIVE-SLAVE LAWS. is," he aaid, " one question which is perfectly plain under the adjudications of the Supreme Court, and particularly in the judgment pronounced by Mr. Justice Story, that the Constitution itself ia a ftigitive-slave act." — "To my mind," aaid Mr. Sumner, "nothing is clearer than that, according to unquestionable rules of interpreta tion, the clause of the Constitution, whatever may have been the intent of its authors, cannot be considered applicable to slaves. Such ia slavery, that, from the nature of the caae, it cannot be sanctioned or legalized except by ' positive ' words. It cannot stand on infer ence." The question, being taken by yeas and naya on Mr. Sherman'a amendment, resulted — yeaa 24, naya 17 — as follows : — Yeab. — Messrs, Buckalew, Carlile, Collamer, Cowan, Davis, Dixon, Doolittle, Foster, Harris, Henderson, Hendricks, Howe, Johnson, Lane of Indiana, M'Dougall, Nesmith, Powell, Riddle, Saulsbury, Sherman, Ten Eyck, TrumbuU, Van Winkle, and WiUey, — 24, Nays, — Messrs, Anthony, Brown, Clark, Conness, Fessenden, Grimes, Hale, Howard, Lane of Kansas, Morgan, MorrUl, Pomeroy, Ramsey, Sprague, Sumner, Wilkinson, and Wilson, — 17. Mr. Saulsbury moved an amendment of two sectiona concerning arrests without due process of law : 9 sena tors voted yea, and 27 senators voted nay. " I do not wish," said Mr. Conness, "to cast a vote for thia meaaure in Ita preaent shape. I had intended, before the debate cloaed, if it waa debated, to say something on the subject. I do. not design that now; and, aa the Senate have seen fit to amend the bUl, I cannot vote for it. At present, therefore, I move that it lie on the table." Mr. Sumner hoped the senator " wpuld with draw that mptlpn." — " For what reaaon ? " asked Mr. Conness. "For the reason," replied Mr. Sumner, REPEAL OF FUGITIVE-SLAVB LAWS. 281 " that we get something by this bUl." Mr. WUson asked for the yeas and naya on the motion to lay the bUl on the table, and they were ordered. The vote, being taken, reaulted — yeaa 9, naya 31. Mr. Powell moved the reference of the biU to the Judiciary Com mittee. The motion waa rejected. Mr. Johnaon aaid, " I underatand, aa the bUl now is, it repeals aU the fugitive-slave acts, except that of 1793." — "Yes," an swered aenatora. "Then I ehall vote for it; becauee, ae I never would have voted for the Fugitive-alave Act of 1850, I ehall certainly vote for its repeal." Mr. Foster expressed a wish to make a few remarks upoti the bUl, and the Senate adjourned. On the 20th, the Senate proceeded to the consideration of the bill ; and Mr. Foster made an elaborate speech in favor of the bUl as amended on motion of Mr. Sherraan. " I shaU give," he said, " my vote on ita paaaage with very great pleaaure. Ita effect wUl be to repeal the law of 1850, popularly known aa the Fugitive-alave Law ; in my opinion a most iniquitous raeasure, and certainly most obnoxious to the people of the free States from the day of its passage to the present hour. That biU waa passed in a period of great excitement in the country. A malicious and malignant spirit had been excited. Sectional and partisan feeling raged over the land. An arrogant and defiant party, in their pride of power, paaaed that biU through both Housea of Congreaa. It haa the forms of law, and has stood unrepealed to this day. From the first day I had the honor of a seat in thia body untU now, I shoiUd have voted cheerfuUy for its repeal at any time." Mr. Brown pf Missouri declared that " the amend- 24* 282 REPEAL OP FUGITIVE-SLAVE LAWS. ment of the senator fi-om Ohio (Mr. Sherman), which has been adopted by the Senate, makes this bill, as it now stands, tantamount to a revival of the Fugitive- slave Act of 1793. It is a virtual re-instating and re-authorization, so far as the vPte of the Senate can gp, of that act." Mr. Van Winkle of West Virginia, on the 21st, addressed the Senate in opposition to "the series of projected measures now pending in one or both Houses of Congress," and in vindication of the policy of organizing the State of West Virginia, and abolishing slavery therein. Mr. Howard expressed a desire to offer an amendment. Mr. WUson moved a reconsideration of the vote ordering the bill to be engroased, to allow that motion to be made ; and the vote was reconsidered. Mr. Howard moved to insert at the end of the blU the following amendment : " But no person found in any Territory of the United States or In the District of Columbia ahall be deemed to have been held to labor or service or to be a slave, nor shall he or ahe be removed under said act of 1793 ; and the fourth section of said act is hereby repealed." Mr. Doolittle moved an ' ex ecutive session. Mr. Sumner suggested that it ahould be an hour later. Mr. Brown thought we could not finish the bUl thia evening. Mr. Fesaenden did not Uke to interfere with thia biU, but he muat "give notice to gentlemen, that, unices they choose to dispose of it this afternoon or by to-morrow at one o'clock, I must then move to go on with the Army-appropriation BUl." Mr. Sumner hoped we ahould go on with the biU at least for another hour. Mr. Conness hoped we should not go on with the consideration of thia biU. " I do not REPEAL OF FUGiTIVB-SLAVB LAWS. 283 understand the anxiety of my honorable friend from Maaaachuaetts in preaslng this biU in its present condi- ,tion." Mr. Pomeroy hoped the aenator frora Massa chusetts would let the question go over : there were half a dozen ainendments to be proposed. Mr. Sumner aaid, if the frienda of the measure request that it shall not be pressed to-day, he would not throw himself in their way. Mr. Conness moved that it be postponed to, and made the order ofthe day for, Wednesday, the 27th of AprU, at one o'clock ; and the motion was agreed to ; and Mr. Suraner's biU was postponed, and not again caUed up for consideration. The several bUla to repeal the Fugitive-slave Act, introduced on the 14th "of Deceraber, 1863, by Mr. Stevens, Mr. Ashley, and Mr. Julian, and the bUl after- Wards introduced by Mr. Spaulding, were referred to the Judiciary Committee. On the 6th of June, Mr. Morris (Rep.) of New York reported, for the several bUls referred to the Judiciary Committee on that subject, a substitute, entitled "A bill to repeal the Fugitive- slave Act of 1850, and all acts, and parts of acts, for the rendition of fugitive alaves." The bUl was read twice, ordered to be printed, and recommitted. Mr. Holman (Dem.) of Indiana moved to reconsider the vote by which the biU was recoraraitted to the Coraraittee on the Judiciary, and also moved to lay the motion to recon sider on the table. The House divided, — ayes 26, noes 57 ; no quorura voting. Mr. WUaon of Iowa called for the yeaa and nays, and they were ordered. The question waa taken, and it waa decided in the negative, — yeas 44, naya 66. The vote by which the biU waa recommitted waa then reconsidered. Mr. Morris with- 284 REPEAL OP FUGITIVE-SIAVE LAWS. drew the motion to recommit ; and the bill was ordered to be engroased, and read a third time. Mr. Morris moved the previous question on the passage of the bill, and the main question was ordered. Mr. Holman called for the yeas and nays on its passage, and they were or dered. Mr. Mallory (Dem.) of Kentucky desired to ask Mr. Morris a question, if he would withdraw the previous queation. Mr. Morria decUned to withdraw it. Mr. Mallory wished to state to the House the reason why he asked Mr. Morria to withdraw the previoua queation. Mr. Morris said, if the gentleman does not want over two minutea, I will yield to him. "Think of it I " exclainied Mr. Cox (Dem.) of Ohio : "they con- deacend to give ua two minutea to diacuaa the repeal of the Conatitutlon"." — "Kentucky is the only State," said Mr. Mallory, " stUl adhering to the Union, which has not abolished or taken the initiatory steps to abolish slavery. ... I demand, as an act of justice to my State, that the Fugitive-slave Act be permitted to remain on the statute-book. ... If the Fugitive-alave Law ia repealed, and your provoat marahala and recruiting officers draft and recruit the slaves of Kentucky, if this policy is con tinued, what need, think you, wUl there be to abolish slavery by constitutional amendraent ? Sir, I warn you against the course this Congreaa is pursuing. Already you have crushed out every feeling of love of the Union in the people of the revolted States ; and you are be sotted if you think that acts of oppression and wrong can be perpetrated in the Border slave Statea, without producing estrangement and even enmity there. Ken tucky haa remained true to her faith pledged to the Govemment, and I warn you not to persevere In inflict- REPEAL OF rUGITTVE-SLA-VE LAWS. 285 ing on her insult and outrage." Mr. Morris eaid he muet decline to withdraw the caU for the previous ques tion. Mr. Mallory did not expect that he would yield : " Justice is a thing that I have long ceased to hope for from that side of the Houae." A series of motions designed to stave oflT or delay the paaaage of the bUl were then made, in which Holman (Dem.) of Indiana, Pendleton (Dem.) of Ohio, An cona (Dem.) of Pennsylvania, Strouse (Dem.) of Pennaylvania, Dawson (Dem.) of Pennsylvania, and Eldridge (Dem.) of Wisconsin, took part;- but these inotions were voted down by large majorities. Mr. Davis of Maryland suggested the postponement of the blU. Mr. Cox, by unanimous consent, appealed to Mr. Morris to postpone it for the present. " To what time," asked Mr. Morris, " does that side of the Houae propoae to poatpone the queation, and have a vote taken upon It?" Mr. Cox would refer it back to the Judiciary Comraittee. "If the other aide of the Houae," repUed Mr. Morris, "wiU consent to the designation of a particular day when action shaU be had, I ehaU be inclined to poatpone the conaideration of the queation." Mr. WUaon of Iowa said "it waa the intention ofthe Judiciaiy Committee to allow every meraber of the Houae full time to examine it. I presume it wiU be aatiafactory to the committee if a particular tirae is agreed upon for taking thia vote." Mr. Morris renewed the inquiry, " How long a tirae do gentleraen ask for discussing this question?" Mr. Holraan- wanted euch time as may be deemed reason able. Mr. Mallory did not think it would be proper to fix any time within which this discuaaion muat take place. Mr. Pendleton would not agree to any under- 286 REPEAL OP PUGITIVE-SLA-VE LAWS. standing with reference to a vote on this bUl. ]Mr, Morria waa wUling to poatpone the biU to Monday, the 13th of June, and, after reasonable discuaaion, take the vote that day. Mr. Pendleton declared that there can be no unanimous consent in regard to taking the vote, (but he did not object tp making it a special prder ; and the further cpnsideration of the bill waa poatponed to Monday, the 13th of June. On that day, the bUl came up by apeclal order ; and Mr. Morria, who reported it, withdrew the previoua queation, and gave notice that he ehould renew the raotion after the bUl ehould have been debated. Mr. King (Dera.) of Miaaouri made an elaborate apeech in oppoaition to the passage of the bUl. " The law," he said, " now sought to be repealed, was passed in the discharge of a solemn duty to the slaveholding States, — a duty enjoined by the Constitu tion, and which cannot, in my opinion, be repealed by Congress without a total disregard of an imperative obllgatipn." Mr. Hubbard (Rep.) ef Cpnnecticut advo cated the bUl in a brief, earnest, and eraphatic speech. " I make," he said, " no distinctipn whatever between the act of 1793 and the act of 1850. To-day they are equally obnoxious ; and, in my opinion, equaUy infa- moua. I revere the memory of the foundera of the Republic ; but I am not so infatuated as to believe that the fathers would ever have paaaed the act of 1793 had alavery then been in rebelUon againat them. It ia fit that American etatesmen in thia age of the world ; at this period of the great American war ; at a time when the Republic is smarting and bleeding, if not reeling, under the blows that slavery haa given it ; and at a time when a hundred thouaand black men are fighting for the fiag, REPEAL OF PUGITI-VE-SLAVE LAWS. 287 and not one against it, — it is fit that American statesmen, here assembled to deliberate and act upon this raoraen tous question, should have an opportunity to record their votes for posterity to read." Mr. Cox next addreaaed the Houae in opposition to the passage of the bill in a sharp, pungent, partisan speech, during which he had a running debate with Baldwin of Massachusetts, Blaine of Maine, Cole of California, and Sloan of Wisconsin. He closed his speech by an arraignment of the sup porters of the Admlniatration. " Your Executive," he eaid, " is a usurper of the powers wisely distributed to the other departraents of the Government. Here you sit to-day, striring to strike down the only mode where by one peculiar clause of the Constitution can be carried out, and propose no raode as a substitute either by State or Federal action. Your ideas are not those of the higher, but of the lower law. They do not corae from the sources of law and light and love above. They sun der aU the tiee of aUegiance, and all the sanctions of faith. You are deatructioniets : you would tear do-wn aU that ia valuable and eacred in the past, and buUd up nothing in their place. You are revolutionists." Mr. Sloan (Rep.) pf Wisconsin defended his State for ita action in regard to the Fugitive-alave Act of 1850. Mr. Morria made a brief apeech in advocacy of hia bUl. " Theae atatutea," he said, " are repugnant to the sense of every good man who has not been edu cated to believe that the slave code is more imperative than the Constitution itself. I say, sweep out a law which no man respects who is not a votary of human slavery. It ia an abomination." Mr. Farnsworth (Rep.) of lUinoia cloaed the debate in a very brief 288 REPEAL OP FUGITIVE-SLAVE LAWS. speech. In reply to the attack made by Mr, Cox upon the Administration for the surrender, to the authorities of Cuba, of ArgueUes, Mr. Farnsworth aaid, " Oh ! Mr. Speaker, I understand where the trouble is with that side of the House. The effect of the action of sending back this rascal to Cuba was the emancipation of eighty human beings: that is where the shoe pinches. All the trouble is, that, upon Arguellea landing in Cuba, the chaina fell from the liraba of eighty men : that ia what troubles my friends upon the other side of the House. If he had stolen money or horses, aome petty crime, it would have been all well enough, and you would have heard no dissent ; but he is so infamous, his crime so high-handed and God-defying, that he Is worthy of a plank in the Democratic platform, and a wail from the Democratic party." Mr. Morris demanded the previoua queation upon the passage of the bUl ; and the main queation waa ordered to be put. Mr. Hubbard of Connecticut demanded the yeaa and naya ; and they were ordered. The question was taken ; and it was decided in the affirinative, — yeas 82, nays 57. Mr. Morris moved to reconaider the vote by which the bill waa passed, and to lay that motion on the table; and it was agreed to. So the bUl prepared by Mr. Morris, and reported by him from the Judiciary Committee, passed the Hpuse en the 13th of June. In the Senate, on the 21st of June, Mr. Sum ner moved that the Senate proceed to the consider ation of the House bUl for the repeal of aU lawa for the rendition of fugitive alavea. Mr. Hendricka of Indiana oppoaed the motion. Mr. Howard of MIchi gan said, " I think it ia high time that the Senate of the REPEAL OF FUGITIVE-SLAVB LAWS. 289 United States should take this subject under their con sideration, and should pass upon the great questions which have so long agitated the people of the United States connected with the rendition of fugitive slaves." Mr. Saulsbury opposed taking up the biU, as " no prac tical good can result frora it." Mr. Doolittle moved "to go into executive session." Mr. Sumner hoped not. " I know," he said, " of nobody who proposes to discuss it, unless it is the senator from Wisconsin, if he proposes to make a plea for alave-hunting." Mr. Davie of Kentucky said, " I tell the senator from Massachu setts, that I have, as I said some days ago, the sequel of the story of slavery In his State to teU ; and I expects to tell it upon this bill. I have no doubt it will be very edifying to the honorable senator." Mr. Doolittle eaid in reply, that " when the senator from Delaware ex pressly declares to the Senate that this queation must be discussed, and shall be discussed ; that it cannot pass in an hour nor in a day ; and when the senator from Kentucky, with whom he ought certainly to be some what acquainted, and to have some practical sense of his powera of endurance, — when he comes to discusa this question of repealing the Fugitive-slave Law, I think the honorable senator from Massachuaetta doea great injua tice in turning upon mc, and asking if I want to raake a ' plea for slave-hunting ; ' and that there will be no speaking, unless it is by the honorable senator from Wisconsin." — "Thespeech ofthe senator from Wis consin," replied Mr. Sumner, "belongs to the class of what may be called dilatory motions, or a speech to sustain a dilatory motion. He announces to ua that there is to be an opposition to thia bill, and- 25 290 REPEAL OP FUGITIVE-SLAVE LAWS. mentlona eeveral aenatora who menace apeechea." Mr. Hale waa againat both motiona, — "againat taking up the Fugitive-alave Bill, and against going into executive session. There are several very important bills, relating to the navy, on the calendar ; and I have received urgent and pressing letters from the Secretary of the Navy to caU the attention of the Senate to them." Mr. Powell was opposed to all the motions, and for taking up his bUl to secure freedom of elections. He did "not see what good armies or navies are going to do ua. If we have no freedom of elections." Mr. Hale waa not wUUng to go into executive session, as he was not ready To prPceed tP the consideration of the unfinished busi ness under consideration in executive session when we adjourned. Mr. WUaon aaid, "We have but very little buaineaa in executive session to attend to, and I hope we shaU take up the measure indicated by my col league." The motion to go into executive session was lost. Mr. Conness called for the yeaa and nays on Mr. Sumner's motion to take up the House bUl to repeal the fugitive-slave acts ; and they were ordered, — yeaa 25, nays 17. The biU was taken up for conaideration, and the Senate took a recess untU evening. On the 22d, Mr. Sumner moved to proceed to the consideration of the bUl of the House to repeal the fugitive-slave acts. Mr. Hale opposed the motion, aa he deaired to take up some naval biUa ; and demanded the yeaa and naya : and Mr. Sumner'a motion waa loat, — yeaa 14, naya 22. At the evening eeaalon, Mr. Suraner moved to take up the Houae bUl to repeal the fugitive-alave acts. Mr. Chandler said, " I will spend the night with great pleasure with the senator from REPEAL OF FtrGlTIVE-SLAVE LAWS. 291 Maasachusetta on hia biU ; but to-morrow I shall de mand the day for the Coramittee on Commerce." Mr. Saulsbury would adjourn : he wanted a day vrith out the " nigger." The motion to adjourn was lost, — yeaa 8, naya 28. On Mr. Sumner'a motion to take up the bUl, the yeaa were 26, and the naya 12. Mr. Lane of Indiana moved that the Senate proceed to the con sideration of executive buaineas, — yeas 16, nays 19. Mr. Saulsbury moved to poatpone the bill indefinitely } and the queation, being taken by yeaa and naya, reault ed — yeae 11, naye 25. Mr. Sherman waa wUling to give to Mr. Davia from Kentucky, who waa absent, a right to be heard, as he desired to epeak on the bUl ; but if senators " propose to resprt tp parliamentary tactics for delay, merely to defeat a vote Upon the bill, which the majority have a right to pass, I am perfectly wUlIng to go into a conteat of phyaical endurance."^"! am govemed entirely," said Mr. Johnson, " by the wishes of the senator from Kentucky, who desires an opportunity to be heard." Mr. Willey was one of those who had voted againat taking up thia bUl. " I did eo," he eaid, " eimply becauee I waa told by the frienda of the senator frora Kentucky that he deaired to be heard. If a majority of the Senate say that this matter ia to be preesed to-night, I wiU yield at once." Mr. Sum ner would meet eenatora half-way. "I propoae that we ahall go on to-night, and perfect the bUl, but eua- pend taking the vote on ita final paaaage, in order to give the senator frora Kentucky an opportunity of being heard." Mr. Powell accepted Mr. Suraner's proposition, and withdrew his raotion to postpone tha further consideration of the biU tUl the first Monday 292 REPEAL OP FUGITIVE-SLAVE LAWS."^ of December next ; and it waa repprted tp the Senate withput amendment. On the 23d of June, the blU waa again taken up ; and Mr. Davis of fi!entucky addressed the Senate in opposition to its passage. Mr. Saulsbury moved to strike out all after the enacting clause, and to insert the worda of the Conatltution conceming fiigitivea, "and that Congress shaU pass aU necessary laws for the ren dition of all persons who shall escape." He demanded the yeas and nays; and they were ordered, — yeaa 9, naya 29. Mr. Johnaon moved to atrike out after the word "that," in the third line, the foUowing worda: "Sectiona three and four of an act entitled 'An act re specting fiigitivea from justice, and persons escaping from the service of their masters, paaaed Feb. 12, 1793.'" Mr. Wilaon asked.for the yeaa and naya ; and they were ordered. Mr. M'Dougall aaid, " I am governed by the Conatltution of the United Statea, and the lawa paaaed under the Conatitutlon ; and I ahaU govern myaelf accprdlngly in my vPtea." The question, being taken by yeas and nays, resulted — yeas 17, nays 22. Mr. Saulsbury demanded the yeas and naya on the paaaage of the bUl ; and they were ordered, — yeaa 27, nays 12, as follows : — Teas. — Messrs. Anthony, Brown, Chandler, Clark, Conness, Dixon, Fessenden, Foot, Grimes, Hale, Harlan, Harris, {licks, Howard, Howe, Lane of Indiana, Lane of Kansas, Morgan, Morrill, Pomeroy, Ramsey, Sprague, Sumner, Ten Eyck, Trumbull, Wade, and WUson, — 27. Nays. — Messrs. Buckalew, CarlUe, Cowan, Davis, Johnson, M'Dou gaU, PoweU, Richardson, Riddle, Saulsbury, Van Winkle, and WiUey, — 12. So Mr. Morria'a bUl repealing the fugitive-alave acts paased the Senate on the 23d, and received the approval of the President on the 28th, of June, 1864. 29^ CHAPTER XV. PAT OF COLORED SOLDIERS. ME. WILSON'S BILL. — MR, GRIMES'S AMENDMENT. MR. WILSON'S JOINT EESOLUTION. — MR. CONNESS'S AMENDMENT, REMARKS OF MR, FES SENDEN. — MR. WILSON, — MR. FOSTER. — MR, SUMNER, — MR, JOHN- SON. — MR. GRIMES, — MR, HOWE, ME. WILSON. —ME, GRIMES. MR. cowan's amendment, MR. SUMNER'S AMENDMENT, — MR. WILSON'S AMENDMENT. — MR, DOOLITTLE'S AMENDMENT, — MR, SUMNER'S AMEND MENT TO MR, cowan's amendment, — MR, WILSON'S AMENDMENT, — EEMARKS OF MR, CLAEK, — MR, DAVIS'S AMENDMENT. — ME. COLLA- MEE'S AMENDMENT, — REMARKS OF MR. FOOT. — MR, SUMNER'S AMEND MENT. — EEMARKS OF MR, WILKINSON, — MR, WILSON, — MR, HOWARD, ME. JOHNSON, — ME, FESSENDEN, — ME. WILSON'S BILL. MR, DA VIS'S AMENDMENT. PASSAGE OF THE BILL, — MR, WILSON'S AMEND MENT TO THE ARMY APPROPRIATION BILL, MR, STEVENS'S AMEND MENT. REMARKS OF MR. HOLMAN. ME. PEICE, ME, HOLMAN'S / AMENDMENT. CONFERENCE COMMITTEES. — REPORT ACCEPTED. IN the Senate, on the Sth of January, 1864, Mr. WUson (Rep.) of Massachusetts introduced a blU to proraote enlistments. It was read twice, referred to the Committee on MUitary Affairs, and reported back on the 18th with amendments. On the 21st, the Senate, on motion of Mr. Wilson, proceeded to its con sideration. The second section provided that all persons of African descent, who have been or raay be raustered into the military service of the United States, shaU re ceive the same uniform, clothing, arras, equipments, oamp-equipage, rations, medical and hospital attendance, pay and emoluraents, as other soldiers of the regular or volunteer forces of the like arra of the aervice ; and that 26* 294 PAT OF COLORED SOLDIERS. every such person hereafter mustered into service shall receive two months' pay in advance. Mr. Grimes asked if bounties were given to colored soldiers by the bill. Mr. Wilson replied, that bounties were not given, but that two months' pay in advance was given. Mr. Pomeroy (Rep.) of Kansas desired to know If there was any law allowing the master of a alave compensa- ion for the aervices of the slave. Mr. Wilson replied, that there waa no law authorizing the War Department to allow compenaation for slaves, other than the general authority to use the cpmmutatipu-money to obtain sub stitutes. On the 27th of January, on motion of Mr. WUson, the Senate took up the blU to promote enlistments ; and Mr. Grimes moved to amend the second section by striking out the words, "two months' pay in advance," and inserting, " such auma in bounty aa the Preaident ahall order, in diflferent Statea, and parta of Statea, not exceeding a hundred doUara ; " and the amendment waa agreed to. On the 3d of February, Mr. Wilaon, from the Com mittee on Military Affaira, reported a joint resolution to equalize the pay of colored soldiers. It provided that all persons of color, who have been or may be mus tered into the mUitary service of the United Statea, ehall receive the aame uniform, clothing, arma, equipmenta, camp -equipage, rationa, medical and hoapital attend ance, pay and emolumenta other than bounty, as other soldiers of the regular or volunteer forces of the United States of like arra of service, during the whole terra In which they shall be or shall have been in auch service ; and every person of color who shall hereafter be mustered PAY OF COLORED SOLDIERS. 295 into the service ia to receive such suras in bounty as the President shaU order, in the different States and parts of the United States, not exceeding a hundred doUara. The Senate, on the 4th, proceeded to the consideration of the joint resolution, Mr. Fessenden (Rep.) of Maine wished " to inquire what propriety there is in our going back, and paying thera this increase for services already rendered." Mr. WUson thought, " aa an act of justice, the bill should be retrospective. Gross injus tice has been done towards theae men, and it ought to be corrected." Mr. Ten Eyck (Rep.) of New Jeraey thought " the withholding of the full pay to men who were led to believe they would receive the aarae pay as other soldiers has occasioned great dissatisfaction, not only In the minds of those troops, but of all their friends at home." Mr. Lane (Rep.) of Kansas hoped "the joint resolution would be retrospective." Mr. Fessen den was in favor, and had ever been in favor, of putting colored soldiers on a level with white ones ; but he was opposed to paying men for services already rendered, unless the men were promised full pay by orders emanating from the War Department. Mr. Conness (Union) from California moved to strike out the worda, " during the whole time in which they shall be or shall have been in such service," and insert, "from and after the passage of this act." Mr. Lane hoped the amend ment would not be adopted : " The senator from Cali fornia should not attempt to perpetrate such an outrage upon a gallant regiment of his State." Mr. Conness was in favor of equality of compensation in the future ; but " neither the condition of the treasury, nor the public credit, can afford ' these acts of justice,' as they 296 PAT OF COLORED SOLDIERS. are termed." Mr. Poraeroy (Rep.) of Kanaaa thought we should give colored soldiera the preciae pay, and place them in precisely the same position, as white sol diers. Mr. Doolittle (Rep.) of Wisconsin said, "If the Governraent has in good faith made a promise to aol diera who have enUsted in any particular regiraent, whether in Massachusetts or anywhere else, that prom ise ought to be kept." He thought there were differ ences In the condition of colored troops in the States. In the Northem States, they were In the aame condition aa the white aoldiera ; but. In the Southern Statea, the Government waa doing much to support their wivea and children, and aome account ahould be made of this expenditure. "I wish," said Mr. Sumner, "to see our colored troopa treated like white troops in every respect. But I would not preaa thia first principle by any re tro-active proposition, unless where the faith of the Government is committed ; and there I would not hesi tate. The treasury can bear any additional burden better than the country can bear to do an injustice." On the 10th, the Senate resumed the consideration of the joint reaolution equalizing the pay of aoldiera. Mr. Foater (Rep.) thought, "If it ia juat to do thia, it ia certainly expedient; for justice is always the highest expediency." He thought justice required that we carry out the pledges of the Government or of pubUc officers ; " but justice especially requires it when we consider that we are dealing with men, a great portion of whom, as I have suggested, were never taught to read, and never could, therefore, know what the written law of the coun try waa." Mr. Sumner quoted the order of the Secre tary of War to Governor Andrew of Mass.achusetts, PAT OF COLORED SOLDIERS. 297 and maintained that It was iasued under the law of 1861, not the act of 1862. Mr. Fessenden could not concur in Mr. Sumner'a conatruction ofthe act of 1862. Mr. Lane (Rep.) of Indiana thought, "If we place colored troops hereafter on an equaUty with the white troopa, it is surely as much aa they can ask, either from the juatice or the generosity of this Senate ; for no man in his sober senses will say that their services are worth as much, or that they are as good soldiers." Mr. WUson said, "A colonel of a colored regiment atated to me, the other night, that his regiment made a raarch of forty- three raUes in the late expedition to North Carolina, without one straggler ; that he had seen but one case of drunkenness in hia regiment for aix montha. All the testiraony of our officers who took these troops with prejudicea against thera goes to show that they are industrious ; that they are obedient ; that they are deferential in their manners ; that they raake the best kind of scouts ; that they know the country well ; that they are performing their duty with a zeal and an ear nestness unsurpassed. There ia a reason for this. Take a colored man who has been degraded by popular preju dice, or by law, or in any other way, put the uniform of the United States upon him, and let him foUow the flag of the country, and he feels proud and elevated. They are fighting for the elevation of their race, aa well aa for our country and our cause, and for the eraancipa tion of their race ; and well may they perform that duty." Mr. Sumner eaid, "I hope the senator from Indiana wUl pardon me if I refer to him for one minute. He is so unlforraly generous and just, that I was the more surprised when I Hstened to his remarks juat now. I 298 PAT OF COLORED SOLDIERS. waa aurpriaed at hia lack of generoaity and hia lack of juatice — he will pardon me — toward these colored soldiers. I was surprised — he wUl pardon me — at hia injustice to the State of Masaachusetta. He spoke disparagingly of the colored soldiers. He thought they had been paid enough. He thought that the gallant blood shed on the parapets of Fort Wagner had been paid enough; and he failed to aee that thoSe men who died for ua on that bloody night, and were buried in the earae grave with their colonel who led them, now atood aUve in this presence to plead for the equality of their race." The Senate, on the 13th, resuraed the consideration of the joint reaolution ; and Mr. Conness withdrew hia amendment to strike out the retrospective clause. Mr. Sumner offered an amendment, that in regard to aU past services, if it shall appear to the aatisfaction of the Secretary of War that the persons were led tP sup pose they were mustered into the service under the act of July 22, 1861, they shall receive fiiU pay. Mr. Anthony thought the amendment did not cover the caae. "I think there were a number of theae men — I know it waa so in my State — who were led to euppose that they would have the same pay as the white soldiera aa aoon aa Cpngreas assembled ; that the manifest injustice of paying white soldiera one price, and colored soldiera another price, would be at once cor rected." — "In my view," aaid Mr. Johnaon, "there ia no obligation, either legal or moral, upon the Govem ment to pay theae men more than the law entitlea them to.", Mr. Grimea thought "thia matter is being com promised by attempting to cover some individual cases in a general law. I think, however, that the Chairman PAT OP COLORED SOLDIERS. 299 of the Committee on MUltary Aff'airs had better not involve this biU with any reference to the Massachusetts regiments or to the Rhode-Island men who have been enUsted, or to the South-Carolina regiments." Mr. Howe roae " to aaaent to the advice given by the sena tor from Iowa : it is eminently sensible." — "It is evi dent," eaid Mr. WUson, " after what has been said here this moming, that this joint resolution ia delayed by the attempt to do juatice to some ten or fifteen or twenty regiments to whom thia promise was made. I think the amendment proposed by my coUeague would not apply to more than fifteen or twenty regiments at moat, and it would be at the discretion of the Secretary of War. I should be perfectly willing to trust It in hia hands. But, as I see that I cannot get the resolution through promptly in its present shape, I propose to amend it by striking out that portion which makes it retrospective, — by striking out all after the word 'ser- ¦vice ' in the ninth line, down to the word ' and ' in the tenth line, and inserting ' from the first day of January, 1864;' so that it wUl read, 'As other soldiers of the regular or volunteer forces of the United States of like arm of the service, from and after the first day of Janu ary, 1864." Mr. Johnson thought, "If the Governor of Massachusetts has made a promise which the law did not authorize ; if he has created, ae between the Maesa- chueetts eoldiers and the Governor of Massachusetts, an obligation which ought to be redeemed, let Massachu eetts redeem it." — " They have passed," said Mr. Fessenden, " a law to redeem it ; but these regiments refiise to receive it of Massachusetts." Mr. WUson explained the action of the State, and the position of 300 PAT OF COLORED SOLDIERS. the colored regimente in declining to receive the money of Massachuaetta. " They enlisted under the expecta tion of receiving the same pay as other troops, and they hold the Government to its pledges." Mr. Johnson, in reply, said, " They are gentlemen of most extraordinary sensibility." — "They will not receive," said Mr. Colla mer, " the three dollara from the State, or the ten dollars from the United States." — "I will sa.y," replied Mr. Johnson, " if they are made up of that material, they wUl not be as good aoldiera aa we hope the othera will be." — "They have made their record on that point," replied Mr. WUaon. " I aympathize," aaid Mr. Grimea, "a great deal with thoae gallant and patriotic noble young men who have gone out in command of the Maaaachuaetta fifty-fourth and fifty-fifth regimente, and who are in command of the first and second South-Caro Una regiments. I know a great many of thera. I know them to be gallant and patriotic young men. But I cannot help thinking that they have involved us un necessarily in trouble in connection with this subject ; for I know perfectly well that it was through their persuasions that these colored troops in South Carolina declined to receive the money that Massachusetts voted to pay them." Mr. Cowan (Rep.) would vote to equal ize the pay, but was opposed to retrospective legislation in this case. Mr. Collamer thought Mr. Suraner's amendraent did " not reach the caae at all. It puta the question of paying theae men back to the time of their enUatment, upon whether they were led to believe or did believe that they were to receive thirteen dollara a month. I do not think it makea -any difference what they were led to believe or did beHeve. It ia net tp be PAT OP COLORED SOLDIERS. 301 put upon any contingency of that kind. There ia the written enlistment; and it speaks for itself." The amendraent was lost. Mr. Wilson then moved to strike out the words, "during the whole time in which they shall be or shaU have been in such service," and to insert in lieu thereof, " from and after the first day of January, 1864." The amendment was agreed to. Mr. Doo Uttle moved to araend by reserving out of the pay of colored soldiers from the Statea in rebeUion four doUara per month to reiraburse the Government for expenses incurred in feeding and clothing women and chUdren of color In those States. Mr. Conness opposed the amendment. Mr. Sherman thought It not only just, but In accordance with the practice of the Government. Mr. Grimes objected to this amendment. " Is it juat," he inquired, " to take four dollara from the pay of a man who has no wife, and put it into a common fund?" Mr. WUson believed that the women and children, being accustomed to outdoor work, instead of being a burden to the Govemment, are a benefit to it. Mr: Lane of Kansas believed that " the families of the colored sol diers are self- sustaining machines almost from the moment they enter our linea. I hope," he said, " that thia amendment will not receive a single vote in this Chamber ; for it is a discriraination between the soldiers of the array of the United Statea, and an invitation to Jeff". Davis to persist in his brutal treatraent of our gallant troops." Mr. Doolittle's amendment was reject ed. Mr. Cowan moved to strike out all after the enact ing clause, and insert, " That, frora and after the passage of this resolution, the soldiers of the United States of 26 302 PAT OF COLORED SOLDIERS. America, of the aame grade and aervice, ehall be entitled to the aame pay, rationa, and pension. Mr. Sumner moved to amend the original biU by adding as a proviso : "Provided, that in all casea of past serrice, where it shall appear to the satisfaction of the Secretary pf War, by the actual papers of enlistment, that such persons were enlisted aa volunteers under the act of July, 1861, the pay promised by that act shall be allowed from the comraencement of such aervice." The queation, being taken by yeaa and naya, resulted — yeas 16, nays 21. Mr. Cowan earnestly advocated his amendment. He waa in favor of " treating the negro preciaely the aame aa any other raan. He waa a citizen of the United Statea. When I say that the negro is a citizen, I do not mean to say that he is equal to the white raan." Mr. Saulsbury roae to enter hia "proteat againat the conatitutional viewa of the senator frora Pennsylvania." He objected to the words " colored aoldiera " and " colored persons." They used the word " negro " In his State. " Now, lo and behold, in the advancement of civUization and Christianity and refinement of which we hear so much, the negro has got to be a ' colored per son ; ' and, when you come to provide for calling him into the public service, there must be perfect equality ! " On motion of Mr. Wilson, the Senate resumed, on the 16th, the consideration' of the joint resolution. Mr. Wilaon moved to amend Mr. Cowan'a amendment by atriking out all after the word " that," and inserting, "From and after the passage of this resolution, the aoldiera of the United Statea of America, of the aame grade and aervice, shall be entitled to the same pay, rations, and pension." Mr. Davis then gave notice PAT OF COLORED SOLDIERS. 303 that he would move to araend Mr. Cowan'a eubatitute. He addressed the Senate for two days in denunciation of the pplicy of the Governraent, and In reviewing the history and criticising the action of Massachusetts. On the 23d, the Senate resuraed the consideration of the joint resolution ; the pending question being on Mr. WUson's araendraent to Mr. Cowan's substitute for the original resolution. Mr. Wilson modified his amendraent : the vote was taken upon it, and it was lost. Mr. Davis moved three resolutions as an amend ment in the nature of a substitute to Mr. Cowan's amendment. The amendraent propoaed that all negroea and mulattoes -^ by whatever term designated — in the miUtary service of the United States, be, and the same are hereby, declared to-be discharged from such service, and shaU be disarmed as soon as practicable. Mr. Conness deraanded the yeas and nays, and they were ordered. Mr. Clark opposed this proposition to dis band thousands of soldiers. " I want," said Mr. Clark, "the black raan to have arras In his hands. I glory in the opportunity of putting arras in his hands, that, when he puts down the Rebellion, he may put down for ever the institution which has enslaved hira. I haU in It the safety of the black man. I glory in his elevation : and I say here to the senator from Kentucky, — and I say it unhesitatingly, — that, when you have put arras in the hands of the black man, you cannot enslave hira ; and therefore I would give hira arms. I would make his arms his protection. I would teach him to respect himself as a man, and to feel that he is respected, and his rights preserved. . -. . When the negro was brought into the service of the country, he vindicated himself; 304 PAT OP COLORED SOLDIERS, he ahowed that he could make a good soldier ; he ahowed that he could make a good fighter ; he ahowed that he could make a good marcher ; he ahowed that he waa obedient to discipline ; he ahowed, that, in some casca, he could endure more than the white man, and Avaa equally loyal and ready to fight. Then, if the black man makea a good soldier ; if he goes readUy to the fight ; if he atanda up firmly and bravely, and givee hia blood and hia life to the country, — I aak. Why should he not be paid ? Can anybody tell me ? " The vote waa taken on Mr. Davia'a amendraent, — yeaa 7, nays 30. Mr. CoUaraer proposed to araend the original joint resolution by adding to it, "All persons enlisted into the service aa volunteers under the caU dated Oct. 17, 1863, who were at the time of enlistraent actually, and for six months previoua had been, resident inhabltanta of the State in which they volunteered, shall receive from the United Statea the aame amount of bounty, without regard to color ; provided, however, that the forego ing provlaion shall not extend to any State which the President by proclamation haa declared in a atate of insurrection." Mr. Foot earnestly and eloquently advo cated thia amendment. The War Department, after the caU of October for three hundred thousand men, off'ered a bounty, to aU accepted volunteers, of $300. " This is simply," he said, " a proposition to redeem that prom ise, — a promise published and proclaimed everywhere throughout the country ; in every nook and corner of the country, at the threshold of every hamlet in the country, — a promise everywhere and by everybody un derstood as applying to and erabracing all accepted vol- PAT OP COLORED SOLDIERS. 305 unteers, -without exception of class or color, — a proraise everywhere and by everybody so interpreted and eo relied upon, and so acted upon." Mr. Sumner raoved to amend Mr. CoUamer's araendment by adding, " that all pereons whose papera of enlistment shall show that they were enlisted under the act of Congress of July, 1861, ehaU receive, from the time of their enlistment, the pay promised by that statute," — yeas 19, nays 18. Mr. WUaon moved to amend Mr. CoUaraer'a amend ment by adding the word "fr6e" after the word "aU," for the reason that all slaves are now pro-rided for by law. Mr. WUkinson earnestly opposed this amendraent, and severely criticised the proviaions of the Enrolraent Act for drafting and enlletlng alaves. " I am willing," said Mr. Wilson in reply, " that he shall denounce that raea sure. That act says to every slave in the loyal States, * Enroll your narae araong the defenders of the Repub lic ; and, the hour you are mustered into our armies, you are a free man for evermore.' The Governraent of the United States by that act, for the first tirae in our his tory, has declared tens of thousands of slaves in the loyal States free, upon their own wUl to becorae free. It is incoraparably the greatest emancipation measure that was ever passed by the Congress of the United States ; and I would rather have ray narae to that bill, which asserts the power of this nation to emancipate every sl^ve In the country who wUl enroll his name araong the defenders ofthe Union, than to any raeasure for which my name stands recorded in favor of the free dom of mankind. Sir, I glory in the vote, and I glory in that measure." Mr. Howard eloquently defended his vote against that portion of the Enrolment Act re- 26* 306 PAT OP COLORED SOLDIERS. lating to mustering slavea into the service. " You call him to aid you in your wars," he said : " your necesaitiea remit him to the condition in which Nature herself placed him. The hand of robbery becomes palsied. Freedom, hia birthright, accrues to him aa a responsible being ; and he again enjoys what was not yours to give, and which human force and crime have withheld. The Almighty, not you, restores to him the gift of liber ty. He owes -you nothing for it ; not even gratitude." — "The senator frora Michigan," said Mr. Johnson, " aeema to think that nothing haa been gained by the alave. Nothing ! What waa his condition be fore? That of a slave, — slavery for himself and his posterity for ever. What do we tell him ? Come Into the service of the United States, and you shall be free, you and yours ; the shackles that have bound your limbs ahall fall from them ; you ahall stand erect in the presence of your Maker, as free as any white man who treads the soU. Is that nothing?" Mr. Fessenden addressed the Senate, on the 29th, in explanation of his sentimenta and opiniona. He had, from the .beginning, been in favor of placing colored soldiers on the same footing as white soldiera. " Paaa," he aaid, " the bill, and aettle the principle aa it ought to be aettled ; place the colored troopa on the aame level with the white troops in all casea ; let them receive the aame pay and rationa, and every thing els^." Mr. Grimes moved to recommit the joint resolution to the Military Committee ; "and the motion was agreed to. On the 2d of March, Mr. Wilson reported a new bill, in lieu of the original joint resolution to equalize the pay of soldiers. The first section placed colored PAT OF COLORED SOLDIERS. 307 soldiers on an equality with white soldiers from the 1st of January, 1864 ; the second aection gave the same bounties to colored volunteers in the loyal States, under the call of October, 1863 ; the third section gave to aU persons of color, who have been enlisted and raustered into the service of the United States, the pay aUowed by law to other volunteers in the service, from the date of their muster. If it has been pledged or promised to them by any officer or person, who, in making such pledge or promise, acted by authority of the War Department ; and the Secretary of War ia to determine any question of fact arising under this pro vision. Mr. Davis moved to amend the bill by adding a section to give to loyal owners of slaves such compen sation as should be deterrained by coraraissioners ap pointed by the Circuit Court. On the 9th, Mr. Davia spoke at great length upon matters pertaining to slavery : his amendment waa rejected on the 10th, — yeaa 6, naya 31. Mr. Davis then deraanded the yeas and nays on the passage ofthe bUl,- — yeas 31, nays 6. So the joint resolution passed the Senate. On the 22d of April, Mr. WUson raoved to amend the Army-appropriation BUl by adding as an amend ment the bill, which passed the Senate on the 10th of March, to equalize the pay of soldiers in the army. In support of hia amendraent, he said, " The failure of Con gress to increase the pay of colored soldiers ia not only checking enlistraents, but disastrously affecting the raen in the field. Sir, Can we, dare we, hope for the blessing of Heaven upon our cause, while we perpetrate these wrongs, or suffer them to remain unredressed? Can we demand that the rebels shaU give to our colored soldiera 308 PAT op COLORED SOLDIERS. the rlghtp of civilized warfare, while we refuse to them equality of rights? Can we redress the brutal and bloody butchery at Fort Pillow, while we continue this injustice? Sir, the whole country ia horrified at the barbaritiea perpetrated by the rebela upon our colored aoldiera. The civilized world will be shocked as it reads of the bloody butchery at Fort Pillow. Sir, I feel that the nation is doing a wrong to the colored soldiers hardly less wicked than the wrongs perpetrated upon them by slaveholding traitors." Mr. Fessenden thought the measure ought to be- passed, and passed at once. If the Senate would waive the objection to put it on the Appropriation Bill, he would not object to it. The amendraent was agreed to, — yeas 32, nays 6. In the House, on the 30th of AprU, Mr. Stevens (Rep.) of Pennsylvania asked leave to report frora the Committee of Ways and Means the Senate amendments to the Army-appropriation Bill. Mr. Holman (Dem.) of Indiana opposed the amendment equalizing the pay of soldiers. " I protest against it," he said, " as but a part of your general policy, which seeks by the force of power to extinguish every vestige of the old Republic of our fathers, wild, reckless, impi^icticable. I proteat againat it in the narae of a diatracted and bleeding country, which, atruggling with defiant treaaon, and demanding prudence and patriotiam in the conduct of ita affaira, and the nobleat incentivea to conatancy and cou rage, receivea at your handa only the paralyzing coun sels of fanaticism and passion." Mr. Price (Rep.) of Iowa said, " Gen. Jackson, in his day, knew something of the value of negro soldiers as well as white soldiera ; and he placed them upon an equality aa to pay and PAT OF COLORED SOLDIERS. 309 rations." — "I despise the principle," said Mr. Stevena, " that would make a difference between them In the hour of battle and of death. The idea that we are to keep up that diatinction ia abhorrent to the feelinga of the age, ia abhorrent to the feelings of huraanity, is ahodting to every decent instinct of our nature ; and I take it that no man who is not wedded to the institution of slavery, or does not foster it for the sake of power, will go with the gentleman from Indiana." Mr. Holman moved to strike out the word " pay," — yeas 52, nays 84. Mr. Schenck (Rep.) of Ohio moved to amend the Senate amendraent: lost, — ayea 58, noea 65. The Senate araendraent equalizing the pay of soldiers was agreed to, — yeas 80, nays 49. Mr. Schenck moved to amend that portion of the Senate amendraent giving to colored volunteers the sarae bounties allowed to white volunteers under the caU of October, 1863 ; ao that the bounty should not exceed a hundred dollars, — yeaa 78, naya 51. Mr. Stevena moved to atrike out the aection of the Senate amendment authorizing the Secretary of War, on proof, to aUow fuU pay to volunteera who were proraiaed it, and to inaert that aU free peraona of color ahall receive the aame pay aa other aoldiera, — yeaa 73, naya 54. The Senate, on the 3d of May, disagreed to the Houae amendments, asked a Committee of Conference ; and the Chair appointed Mr. Fessenden, Mr. Wilson, and Mr. Henderson, conferrees. The House insisted on its amendments ; and the Speaker appointed Mr. Ste vens, Mr. Schenck, and Mr. Morrison, conferrees on the part of the House. The Conference Committee were unable to agree. A second Conference Committee was appointed, and the Conference Comraittee's report waa 310 PAT OP COLORED SOLDIERS. rejected by the House on the 26th of May ; and the House appointed Mr. Stevens, Mr. Pendleton, and Mi-. Davis of New York, conferrees, and aaked another con ference. The Senate, on the 27th, agreed to another Conference Committee; and Mr. Howe, Mr. Morrill, and Mr, Buckalew, were appointed conferreea. On the 10th of June, the committees reported that the House recede from its araendment reducing the bounty of volunteers enlisted under the call of October, 1863, from three hun dred doUars to one hundred dollara ; and that " all peraons of color who were free on the nineteenth day of April, 1861, and who have been enlisted and mustered into the military aervice of the United Statea, ahaU from the time of their enUatment be entitled to receive the pay, bounty, and clothing allowed to such persons by the laws exist ing at the time of their enUstraent. And the Attorney- General of the United Statea ia hereby authorized to determine any queation of law ariaing under thia pro vlaion; and if the Attorney -General aforeaald ahall determine that any of auch enlisted persons are entitled to receive any pay, bounty, or clothing, in addition to what they have already received, the Secretary of War shall make all neceaaary regulationa to enable the pay department to make payment in accordance with auch determination." Mr. Pendleton refused to sign the report. Mr. Sumner desired to know in what condition the report left the colored troopa enliated in South Caro lina. Mr. Howe, Chairman of the Conference Commit tee replied, that it made no proyialon for them, unleaa .they were free at the breaking-out of the war. Mr. Sumner, aa a aenator from Massachusetts, might be content, aa the regimente from hia State were cared fpr; PAT OP COLORED SOLDIERS. 311 but he waa interested In the adjuatment, on principles of justice, of colored troops frora other States. Mr. WUson eaid there wae no doubt that the South-CaroUna regi ments ought to havg full pay, and it was wrong to quibble about it : to Umit the provision to raen who were free in 1861 leaves out the men who were slaves then, and who ought to have juatice done them. Mr. Pomeroy thought injuatice was done to regiments from his State. Mr. Conness opposed the report as an " un just diacrlminatlon." Mr. Howe explained and defended the report. Mr. Suraner said, "The laat chapter of ' Raaaelaa ' ia entitled, ' A conclualon in which nothing ia concluded ; ' and I think that title iriay be properly given to the report of thia coramittee." — "The report of the committee," aaid Mr. Johnson, "really doea settle no thing ; and it is not intended to aettle any thing, except contingently." Mr. Feaeenden appealed to aenatora to concur in the adoption of the report. "I ahaU," aaid Mr. WUson, " run the risk of It, for the reason that the blU, as it now stands, settles the question of equaUty from the lst of January last ; and, in the next place, it settles the question of bounty to colored men who are Hable to be drafted in the loyal States, and it puts their matter in the control of the Attorney-General, whose opinion, I think, cannot be any thing else than that these men have the right which they claim." Mr. Henderson was un wUUng to pay colored troops more than they agreed to receive when they enlisted. On the llth, Mr. WUson raoved to take up for con sideration the report of the Conference Committee. Mr. Sumner did not think the report creditable to Con gress; andhe concurred in its acceptance with reluctance. 312 PAT OP COLORED SOLDIERS. "It ia," he said, "in the full confidence that in this way we ahall at last, through the opinion of the Attorney- General, obtain that justice which Congress has denied, that I consent to give my vote for this report." The report was accepted by the Senate. In the House, the report was accepted on the 13th, — yeas 71, naya 58. By the provisions of this legislation, colored troops were in all respects placed on the same footing as white troops from the 1st of January, 1864. Colored vol unteera in the loyal States, under the call of the 17tli of October, 1863, were allowed the same bounty as white volunteers; all colored soldiers free on the 19th of April, 1861 , were to receive fiill pay ; and the Attorney- General waa authorized to decide whether colored men not free on the 19th of AprU were entitled to the aarae pay as white soldiers. The Attorney-General haa finally decided that colored soldiers are in all respects entitled to the same compensation as white soldiers. 313 CHAPTER XVI. TO MAKE FREE THE WIVES AOT) CHILDREN OF COL- ORED SOLDIERS. ME. WILSON'S BILL TO PROMOTE ENLISTMENTS. — MR. POWELL'S MOTION TO STRIKE OUT THE SECTION TO MAKE FREE THE MOTHERS, WIVES, AND CHILDREN OF COLORED SOLDIERS, — MR, HENDERSON'S AMEND MENT, — REMARKS OF ME, GRIMES, — ME, WILKINSON. — REMARKS OP MR. JOHNSON, — MR, SHEEMAN'S SPEECH, — MR, CARLILE'S SPEECH. — REMARKS OF ME. DOOLITTLE, — MR, BROWN'S AMENDMENT, — MR. WIL SON'S AMENDMENT, — MR, WILKInSON'S AMENDMENT, — REMARKS OP MR, SHERMAN, MR, GRIMES, MR, CONNESS'S MOTION TO REFER THE BILL. — REMARKS OF MR, CLAEK, — MR. HOWARD, — MR. FESSENDEN. MR, DAVIS'S AMENDMENT. — MR. WILKINSON.'S SPEECH. — MR. WILSON'S JOINT RESOLUTION. THE third aection of the bill to proraote enlistraents, introduced into the Senate on the Sth of January, 1864, by Mr. Wilson of Massachusetts, declared that when any mah or boy of African descent, owing service or labor in any State, under its laws, shall be raustered into the raUitary or naval service of the United States, he, and hia raother, wife, and children, shall be for ever free. On the 27th of January, the Senate proceeded to the conaideration of the bill to proraote enlistments. Mr. Powell (Dem.) of Kentucky moved to strike out the third section giving freedora to tl\e raother, wife, and children of the colored soldier. Mr. Powell pro nounced the section " clearly and palpably unconstitu tional. There is certainly no power in this Congress to pass any such law. It ia depriving loyal raen of loyal 27 314 TO MAKE FREE THE WIVES AND CHILDREN Statea of their property, by the legislative enactment of thia Congress." Mr. Henderson moved to strike out the worda, "hia mother, and hia wife and children," and inaert, " and hia mother, hia wife and children, ehall also be free, provided that, by the laws of any State, they owe service or labor to any person or persons who have given aid or comfort to the existing Rebellion againat the Governraent, aince the 17th of July, 1862." Mr. Grimea eaid, " That is substantially the law now. The reason why I shall vote for this section is, that I am exceedingly anxious to pass a law by which it shall be declared, that if a man who has perUled his life for me and for the institutiona of my country at PortHudaon-^ — I care not what kind of a claim may be aet up to hia aervice, or who may aet it up — ia claimed by any one, that claim ahall not be regarded. I am unwilling that after he haa thua perilled hia life, and been wounded in my defence, he ahaU be taken off to slavery by any per son, or under any sort of institution. I think that such a proposition as this will meet the approval and com mendation of the country ; and I rejoice that the senator from Massachuaetta, and the Committee on Military Affaire, have given ua an opportunity to record our votea in favor of it." Mr. Wilkinson said, " That is the law as it now stands ; and if the senator from Missouri wishes to carry out the purpose, or to retain this provision of the -existing law, all he has to do is to oppose thia sec tion entirely. I think that law is the most disgraceful legislation of the Congress which passed it. It is a disgrace to the nation to paaa auch a law ; and I ara very much rejoiced that the Committee on Military Affaira have introduced thia bill wiping it out." Mr. Hender- OP COLORED SOLDIERS. 315 son did not offer the araendraent, to protect elavery. " I have not been engaged," he eaid, " very recently in the protection of that Institution ; and, so far as I can go constitutionally to abolish the institution throughout the country, I raost unhesitatingly would do so. My ira pression is, that, when you put this Rebellion down, elavery for ever dice, because of the fact that they have organized this Rebellion on the existftice of the institu tion ; and. If the RebelUon goes by the board, the histi tution Itself goes. I can further state to thoee gentleraen, that I believe no State will again take ita place in the Union, without firat, by the action of ita own people, abolishing slavery." The Senate on the 28th resumed, on motion of Mr. Wilson, the consideration of the bUl. Mr. Wilkinson demanded the yeaa and naya on Mr. Henderson's motion to strike out " his raother, and his wife and children ; " and they were ordered. Mr. Johnson should vote in favor of the amendment. " I doubt very much," he said, " if any raeraber of the Senate ia more anxioua to have the country composed entirely of free men and free women than I am. Sir, the bUl providea that a slave enlisted anywhere, no matter where he raay be, whether he be within Maryland or out of Maryland, whether he be within any other of the loyal States, or out of the loyal States altogether, is at once to work the emancipation of his wife and children. He may be in South CaroHna ; and many a slave in South Carolina, I am sorry to say it, can well claira to have a wife, or perhaps wives and children, within the limits of Mary land. It is one of the vices and the horrible vices of the institution, one that has shocked me from infancy to 316 TO MAKE FREE THE WIVES AND CHILDREN the present hour, that the whole marital relation is dis regarded. They are made to be, practically and by education, forgetful or ignorant of that relation. When I say they are educated, I mean to say they are kept in absolute Ignorance ; and, out of that, immorality of every description arises ; and araong other immoraUtiea ia that the connubial relation doea not exist." On the 2d of February, Mr. Sherraan addressed the Senate upon the general questiona of eraploying colored men as soldiers, and of eraancipation. " On the subject of emancipation," he declared, " I am ready now to go aa far aa any one. Like all othera, I hesitated at firat, because I could not see the effect of the general project of emancipation. I think the time has now arrived when we must meet this question of emancipation boldly and fearlessly. There is no other way. Slavery is de stroyed, not by your act, sir, or mine, but by the act of this Rebellion. I think, therefore, the better way would be to vripe out all that is left of the whele trpuble, — the dead and buried and wounded of this system of slavery. It is obnoxious to every manly and generous sentiment. From the beginning, we should have armed the slaves ; but before doing so, in my judgraent, we ought to se cure them by law, by a great guaranty, in which you and I, and all branches of- the Government, would unite in pledging the faith of the United States, that, for ever thereafter, they ahould hold their freedom againat their old masters." Mr. CarlUe followed Mr. Sherman, on the 8th, in opposition to the bill. He einphatically de clared, that, "if it ahaU becorae necessary in this struggle for the confederates to arm their slaves, they will arm and emancipate them too; and I will say further, if OF COLORED SOLDIERS. 317 their confederacy never crumbles into dust until it doea eo from the arraing and emancipating their elaves, it wiU laat untU — ' Heaven's last thunder shakes the world below.' The alavea know that their ownera have the legal right to emancipate them. Many of them know that you have not." On the 9th, the Senate resumed the consideration of the bUl ; the pending question being Mr. Henderson's amendment to strike out " his mother, wife, and chil dren." Mr. Doolittle (Rep.) of Wisconsin opposed the bill, but fevered an amendment of the Constitution. " Slavery," he said, " is dying, dying, all around ua. It ia dying aa a auicide diea. It ia dying in the House, and at the hands of its own professed friends. The sword which it would have driven into the vitals of this Repub lic is parried, and thrust back into its own. And, sir, let it die ; let it die. Without any sympathy of mine, slavery with all its abominations raay die, and go into everlasting perdition." Mr. Richardson (Dera.) of Illinois asserted, that, "while senators are struggUng for the righta of the negro, they forget the white race, — the race that has made this country so great and so glorious ; that haa upheld your flag in triuraph on every ocean, and has carried your coramerce to all the civUized porta of the earth." On the Sth of March, Mr. Brown (Rep.) of Miasourl moved to amend the bUl by striking put the third section, making the " raother, wife, and children " of the colored eoldier free, and inserting an amendraent re-affirraing the President's proclaraation of eraancipa tion, and abolishing slavery throughout the United 27* 318 TO MAKE FREE THE WIVES AND CHILDREN States. He affirmed, in an elaborate speech of rare beauty and force, " that slavery yet liveth, the discus- eion which has attended every measure introduced here trenching upon it sufficiently attests. Neither dead, nor wUling to die, but struggling for being, by joint and ligature and tissue and nerve, that some centre pf future grpwth may lurk under prevlso or exception, its vitality s upheld in thia hour by appeal to the earae conatltu- tionaliaraa and local countenance that will be swift to maintain it hereafter if this epoch shall pass without ita utter extinction. The aoldier who has worn our uni form and served under our flag raust not hereafter labor as a slave. Nor would It be tolerable that his wife, hia mother, or hia child, ahould be the property of another. The inatinctive feeling of every man of generous impulse would revolt at such a spectacle. The guaranty of ft-eedom for himself, hia mother, hia wife, and hia child, ia the inevitable incident of the employment of a slave as a soldier. If you have not the power, or do not mean, to emancipate him, and these with whom he ia connect ed by domestic ties, then, in the narae of God and huraanity, do not employ him as a soldier I " On the 18th of March, Mr, Brown withdrew hia araendraent ; and Mr. WUaon moved to strike out the entire bill, and insert, " That when any person of African descent, whose service or labor is claimed in any State under the lawa thereof, ehall be mustered into the mili tary or naval service of the United States, his wife and children, if any he have, shall for ever thereafter be free, any law, usage, or custom whatsoever, to the contrary notwithstanding ; that it shall be the duty of the com mission appointed In each of the slave States represented OF COLORED SOLdIERS. 319 in Congress under the provisions of the twenty-fourth eection of the ' Act to amend an act entitled " An act for enroUIng and calUng out the national forces, and for other purposes," approved March 3, 1863,' approved Feb. 24, 1864, to award to each loyal person, to whora the wife and children aforesaid may owe service, a just compensation, to be paid out of any raoneys which may be appropriated by Congress for that purpose." " I propose," he said, " in this amendment, to make the sol dier's wife and children free, no matter to whom they belong. We have provided in the Enrolraent Act, that a slave enlisted into the railitary Service of the United States is free when he is mustered into the service. We have exercised that great power to strengthen the Gov ernraent in putting down the Rebellion. We have enlisted about •eighty thousand colored raen, and we are continuing to enlist colored men, in aU parts of the country. But, sir, the enlistment of colored men causes a vast deal of suffering ; for a great -wrong is done to their families, and especially is that so in the State of Misaouri. Thoae wivea and chUdren who are left behind, may be sold, raay be abused ; and how can a eoldier fight the battles of our country when he receives the intelligence that the wife he left at horae, and the little ones he left around his hearth, were sold into per petual slavery, — aold where he would never see them more? Sir, if there be a crime on earth that should be promptly punished, it is the crirae of selling into slavery, in a distant aection of the country, the wives and children of the soldiers who are fighting the battles of our bleeding country. Now wife and children plead to the husband and father not to enlist, — to reraain at 320 TO MAKE FREE THE WIVES AND CHILDREN home for their protection. Pass this bill, and the wife and children will beseech that huaband and father to fight for the country, for hia liberty, and for their free dora." Mr. Wilkinson moved to strike out the second aection of the amendraent, which propoaed to pay the estimated value of wives and children of colored sol diers. Mr. Pomeroy would amend that section. " I should like," he said, " to have that section amended in the eighth line by striking out the worda, ' to award to each loyal peraon to whom the wife and children afore aald may owe aervice a just compensation,' and inserting, ' to settle the account between each auch person made free and his or her owner, and award to each party auch juat compenaation aa may be found due.' " Mr. Sherman moved to poatpone the biU untU Thura- day next, with a view that we may act upon the main propoaition, the amendment to the Conatltution to aboliah slavery in the United States. Mr. Sumner said the main question was to hit slavery wherever and whenever It could be found. " I think it is a measure to fill up our armies," said Mr. WUson ; " and it ought not to be poat poned an hour. Then, as a matter of justice, how can you go to a man, and ask him to enlist to fight the bat tles of his country, when he knowa, that, the moraent hia back ia turned, his wife and children will be sold to strangers ? " Mr. WUkinson believed the vote to be a most important one, and the proposition of Mr. Sherman would allow it to be more fully considered. Mr. Lane of Kansas differed with Mr. Wilkinson "as to the question of time. Thia ia a bill, that, in my opinion, should be voted upon at the very earliest day, or else we should stop enlisting black men." Mr. Grimea said, " Here ia a OF COLORED SOLDIERS. 321 bill, which, it seerasto me, it iS very important that we ehould pass at an early day in some shape or other, either in the shape in which the senator" from Massa- sachusetts (Mr. WUson) presents it to us, and which I do not really approve, or aa propoaed to be amended by the aenator from Minneaota (Mr. Wilkinson), or aa proposed to be amended by the senator frora Mis souri (Mr. Brown.) ; and I do not know of any bUl that is before us, or that is likely to be before us to-day, which deserves the careful and the immediate attention of Congress raore than this biU does." — "I suggested," said Mr. Sherman, "in its discussion, a long tirae ago, practical difficulties which the senator from Massachusetts has not met. Who is the wife of a slave? Who is the child of a slave? What is the use of passing this bill, without eraploying sorae definite and distinctive language that wUl embrace the persons whom it is designed to embrace ? " Mr. Brown said, " You have the fact before you, that these col ored soldiers are going into the army of the United States. Ypu have the further fact before you, that slave-owners are hounding on a persecution in the Bor der States, and seUing the wives and chUdren of those soldiers, making merchandise of their flesh and blood, and doing it as a punishraent for their entry into our army as volunteers for our defence. ShaU we toler ate that scene? Shall we legislate here, sending raen day after day to sacrifice their lives for our protection, and yet sit quietly by, vrith no legialatlon to prevent, and aee othera sending the wivea and chUdren of those men day after day into further and harsher bond age because they have done so ? " — "I do not," said 322 TO MAKE FREE THE WIVES AND CHILDREN Mr. Grimea, " apprehend that there Is going to be any great trouble in ascertaining who are the wives and children of these men, Aa haa been well eaid by the eenator from Miaaouri, we all know that the laws of the slave States do not recognize the relation of husband and wife, or parent and child ; but we recognize the fact that such relations do de facto exist, and that is enough for our purpose : it ought to be enough ; and we shall be justified by the people of the country who sent us here in regarding it as enough for aU the purposes of this biU," "There are," said Mr, Sherman, "grave questiens pf constitutional power involved in this proposition. The general object proposed to be accoraplished, I desire aa much aa any one ; but I want to do it in an effective way : and I think It is much wiser for us to defer aU . these propoaitions in regard to slavery, untU we can, by a general plan baaed upon a constitutional amendment proposed by Congresa, and aubmitted to the people, aided by auxUiary legialatlon, wipe out the whole aya tem In the mode provided by the Conatltution." — " The senator from Ohio," aaid Mr. WUaon, " takea the poaitlon, that, because there is a proposition pending' to amend the Constitution of the United Statea to abbliah alavery, we are to do nothing elae against slavery. Sir, I say it ia aound policy to strike this ayatem of slavery whenever and wherever you can get a blow at it. It is to perish, if it perish at all, by hedging it around by every enactment, breaking down every barrier that surrounds it, and defeating the three hundred thouaand bayoneta behind which it ia intrenched." Mr. Conness moved to refer the bill to the Committee on Slavery and OF COLORED SOLDIERS. 323 Freedmen. Mr. WUson objected to the recoraraitraent of the bill, and raodified his amendraent by withdrawing the second section. Mr. Conness said it was not in a condition that he could vote for it. He hoped the Senate would come to a vote on the motion to recom mit. Mr. CarlUe would refer it to the Judiciary Committee. He thought the difficulties that had been suggested as to ascertaining who are the wife and chU dren of the party wiU not be found to be great in prac tical operation. "The great queation,"- he aaid, "which etands in my way in support of thia biU, is the question of power." Mr. Clark opposed recommitment. It would return from the Judiciary Committee with the same question embarrassing it. He would diacuaa the question In the Senate. He said, " Here you desire to put soldiers in your array, and thoae aoldiera have their wivea and their chUdren. You are dealroua of putting thoae soldiers in the aervice at the earliest raoraent ; and the people who want to prevent those soldiers from going into the army take these very means to torment the sol dier, ao that he ahaU not go in. The maater says to hira, in effect, ' If you go into the arraies of the United States, and fight the battles of the country, I will sell your wife ; I -will abuse your chUdren.' That is very much worse than the rendition of a fugitive slave ; and an amend ment of the Constitution which would take place months hence does not cure or remedy the evU." Mr. Doolittle asked Mr. Clark if he had evidence that loyal masters " abused their women and chUdren." — " We know," re plied Mr. Clark, " that everywhere in these loyal States there are men who are in syrapathy with the Rebellion. We know that men in the loyal States are opposed to 324 TO MAKE FREE THE WIVES AND CHILDREN the negroea going into the aervice. Many of those men — I will not say all — would be willing to punish the negro if he went in, if they are in sympathy with the Rebellion, by the abuse of hia wifo and children. They wiah to deter him frpra going into the aervice if they can ; and they aay to him, ' Not only shall your wife and children have no care, no food, no protection, but they shaU be sold into alavery; and, when you return from fighting the battles of the Union, you shall find your home desolate, your wife gone no one knows where in slavery, and your children aU sent away.'" Mr. Howard hoped this biU would not be referred tP the Judiciary Cemmittee. He said, " There may be some difficulty in the apprehension of eome gentlemen, per haps, as to who can claim tp be the wife or the child of a elave ; inaamuch aa the lawe of the elaveholdlng Statea do not recognize the relation of husband and wife, and of parent and chUd, in that class. I know of no pther mede pf splvlng thia difficulty than thia : that that per- BPu ehall be held to be the wife of the alave who rec ognizes the alave tP be her huaband, and whoae husband recognizes the woman to be his wife ; adepting the aame principle pf the cemmon law that appllea in other caaes, — a almple recognition ofthe relation of huBba,nd an'd wife, and of parent and chUd." Mr. Feesenden said, "My deubt of cpurse waa, in the beginning, whether, in taking peraens of thia deacriptipn, and inaiating that they shpuld render miHtary service, we could go so far ae to liberate other peraons connected with them. That waa a very serious difficulty ; but, sir, I have been convinced that we can do any thing that is necesaary to be done iu order to accomplish the OF COLORED SOLDIERS. 325 purpose that we have in view, and which is not only a legal, but a necessary purpose, — the salvation and perpetuation of the Republic." The Senate, on the 21st, resumed the consideration of the bill. Mr. WUson said, " I desire, after, consulting with some senators, to modify the amendraent that I offered to the biU, by adding, after the word ' wife,' the words, ' meaning thereby the woman regarded and treat ed by him as such.' " — "I move," said Mr. Davia, "to amend the amendment by adding to it, ' and the loyal owner or ownera of the wife or children of aU slaves taken into the mUitary service of the United States shall be entitled to a juat compenaation for such wife and chil dren of said slaves.'" He maintained that slaves were property ; that, as such, they could only be taken for pubUc uae by paying a juat compenaation. " The party in power are grinding ua to the duet by the weight and tyranniea of an organized military deapotism. Theae uaurpers and oppressors are seizing upon our able- bodied negro slaves, and organizing them into a standing army already numbering nearly one hundred thousand men, and to be augmented far beyond those figures, to hold us in hapless and hopeless political, social, and commercial servitude to themselves. Belshazzar and his host are now drunk and feasting ; but Cyrus and the Persians will soon be upon them. The aroused American freemen -wiU effect their own deliverance at the ides of next November." — "This biU," said Mr. WUkinson, " is to give freedom to the wives and children of the soldiers who fight our battles for the Government and for freedom. It has been claimed, that, if this bUl ehall pass, it will work the emancipation of the whole 28 326 TO MAKE FREE THE WIVES AND CHILDREN negro race within the United States. While the noblest and the best sons of the loyal States were reddening every rivulet in Virginia with their blood, and almost every sod of the Old Dominion was pressing upon the grave of a blue-eyed soldier of the North, we turned our backs coldly upon the only friends we had in the rebellious Statea, and aaid to them, 'You are black, and are not worthy to suffer and die for freedom : we would rather loae our own liberties than to give freedom to a nation of slaves.' I do not know but that it waa the design of Providence to blind the eyes of the people of the North to their true Interests, until they had paid the full penalty for their participation in the gi-eat crime of human slavery In thie Govemment. There is a retributive justice in this war, as the aenator from Maryland aaid, and it ia visited alike upon the North and the South ; for the North as well as the South has been a guilty participator in the foulest crime that ever blackened the character of a nation." On the 2 2d, the Senate resumed the consideration of the bill ; and Mr. Willey (Union) of West Virginia addreaaed the Senate. He said he was disposed to believe the cases of vindictive cruelty to which allusions had been made were "more justly attributable to the impending universal emancipation of slavery in Missouri than to any exasperation of the master growing out of the enlistment of his alave." He thought the paaaage of the bill would " lead to very distressing difficulties in the States where these slaves live. There can be," he declared, "In Virginia, between slaves, no legal marriage ; there Can be no wife in the eye of the law ; there can be np children of slavea in the eyea of the OF COLORED SOLDIERS. 327 law." The bUl was not brought to a vote in the Senate. In the Senate, on the 18th of May, Mr. Wilaon introduced a joint reaolution to encourage enlistraents, and to promote the efficiency of the military forces of the United States. Thia resolution provided that the -wife and chUdren of any person that has been or raay be mustered into the military or naval service of the Unit ed Statea ahall be for ever free, any law, usage, or cua- tora whfttaoever, to the contrary notwithatanding ; that, in determining who ie the wife and who are the children of the enlisted person, eridence that he and the woraan clairaed to be his wife have lived together, aaaociated aa husband and wife, and so continued to live or associate at the tirae of the enlistraent, or that a forra of raarriage, whether the aarae waa or waa not authorized or recog nized by law, haa been celebrated between thera, and that the partiea thereto thereafter lived together or associated aa huaband and wife, and so continued to live or associate at the tirae of the enlistment, shall be deemed sufficient proof of a marriage ; and the chUdren of any such marriages born whUe the same continued, although it had ceased at the time of enlistment, shall be deemed and taken to be the children mentioned In this resolution. The provisions of this resolution were reported, moved aa amendmenta to eeveral bUla, but. failed to be brought to the teat of the vote of the Senate. The joint reaolution to make free the wivea and children of colored aoldiera ia pending in the Sen ate, and vriU doubtless be pressed at the next session. 328 CHAPTER xvn. A BUREAU OF FREEDMEN. MEMORIAL OF THE MASSACHUSETTS EMANCIPATION LEAGUE. — MR. EUOT'S BILL, SELECT COMMITTEE ON EMANCIPATION. FREEDMEN'S BILL REPORTED BY ME. ELIOT. — REMARKS OF MR. ELIOT. Mb. COX, MR. COLE. — MR, BROOKS, — MR, KELLEY, — ME, DAWSON, — ME, PRICE. — MR, KNAPP. — MR, PENDLETON, — PASSAGE OF MR. ELIOT'S BILL, — ME, SUMNER'S BILL. — ME. ELIOT'S BILL EEPORTED BY ME. SUMNER, WITH AN AMENDMENT. — MR. SUMNER'S SPEECH. — ME. SUMNER'S AMENDMENT AMENDED AND ADOPTED IN TUE SENATE. — THE HOUSE POSTPONE THE BILL TO THE NEXT SKSSION. IN the Senate, on the 12th of January, 1863, Mr. WUaon (Rep.) preaented the memorial of the Eman cipation League of Maaaachuaetta, aetting forth the needa pf the new-made freedmen and the duty of the Govemment, and praying for the immediate eatabllsh- ment of a Bureau of Emancipation ; which waa ordered to be printed, and referred to the Cemmittee on Military Affaira. In the Houae, on the 19th, Mr. Eliot (Rep.) of Maeeachuaetta introduced a bUl to eatabliah a Bureau of Emancipation ; which waa referred to the Select Com mittee on Emancipation, of which Mr. White (Rep.) of Indiana waa Chairman. On the 14th of December, 1863, Mr. Eliot intro duced a bill to eatabliah a Bureau of Emancipation ; which was referred to a select committee of nine, consist ing of Mr. Eliot (Rep.) of Massachusetts, Mr. Kelley (Rep.) of Pennsylvania, Mr. Knapp (Dem.) of Illi- A BUREAU OF FREEDMEN. 329 nois, Mr. Orth (Rep.) of Indiana, Mr. Boyd (Rep.) of Missouri, Mr. Kalbfleisch (Dem.) of New York, Mr. Cobb ( Rep. ) of Wisconsin, Mr. Anderson (Union) of Kentucky, and Mr. Middleton (Dem.) of New Jersey. On the 23d, Mr. Eliot reported from the Select Committee a bUl to estabHsh a Bureau of Eman cipation ; which was ordered to be printed, and recom mitted to the committee. On the 13th pf January, 1864, Mr. Eliot reported back the biU with an amend ment. • Mr. Kalbfleisch made a minority report. On the 10th of February, the bill came up for consideration. Mr. Eliot offered a substitute for the original bill. Mr. Holman (Dera.) of Indiana moved to lay the biU on the table, and Mr. Cox (Dem.) of Ohio moved to refer it to the Coraraittee of the Whole. The Speaker ruled that Mr. Eliot held the floor. Mr. Eliot addressed the House in favor of his bUl in an eamest and able speech. He said the freedraen were " the children of the Gov ernraent. Quick to learn ; appreciating kindnesses, and returning them with veneration and affection ; eameat to acquire property, becauee that, too, ia proof of man- hood, — they aak but opportunity and guidance and edu cation for a eeaaon, and then they wUl repay you, eorae thirty, aorae aixty, and some an hundred fold. ... So shall this, your act, give to the freedmen of the South, and to all the freeraen whom you represent, ' beauty for ashes, the oU of joy for mourning, and the garment of praise for the apirit of heaviness.' " On the 17th, the House proceeded to the considera tion of Mr. Eliot's bUl, and Mr. Cox spoke againat ita enactment. He declared that "not raerely haa the President's proclamation been raade a living lie, but 28* 330 A BUREAU OP FREEDMEN. the thousands of corpses daUy hurried out of the contra band hovels and tents along the Mississippi prove it to have been a deadly lie. Neither the judgraent of man nor the favor of God can be invoked without mockery upon a fanatical project so fraught with misery to the weak, and wholesale slaughter to its deluded victims." Mr. Cole (Rep.) of California followed on the 18th In an earneat apeech in favor of the bill and the policy of freedom. Mr. Kalbfleisch, on the 19th, apoke in oppo sition to the measure. Mr. Brooks (Dem.) of New York said, " The bill is vast in its territory, vast in Ita objects, vast in its purposes, vast in Its Intentions." He declared, " Whenever a gentleman from Massachu setts In these our latter days introduces any bill or pro pounds any proposition for the consideration of the House, I always listen to him with attentive ears, with apprehensipn, with spmething pf awe ; nay, with that deep intereat that the Roman of old must have listened to the unrolling of the leavea of the Sibyl, or the Greek to the utteringa of the oracle in Delphoa. Maaaachu setts is now the leading power in this country. What ever she decrees is in all probability to be law. She exercises the same control over thia vaat country, wliich atretchea from the Paaaamaquoddy to the Rio Grande, and from the Rio Grande to the Pacific, that waa exer cised by Imperial Rome, on the little Tiber, fi-om the Pillars of Hercules to the Euphrates and Tigris. Boston, her capital, ia well called the hub of our univerae, with her spokes now inserted in New York, Pennsylvania, Ohio, the great West, and the great North-west, the rim of whose wheel now runs with frightful, crushing velocity from that Passamaquoddy to that Rio Grande. A BUREAU OF FREEDMEN. 331 ... I know the apirit of Maasachusetts. I know her inexorable, unappeasable, demoniac energy." He thought "this freedmen's bill not worthy of the prac tical mind of Massachuaettg. ... It must have come from some of the freedmen's commissioners, — perhapa from Robert Dale Owen ; for the biU is Socialistic, Fou- rleristic, Owenistic, erotic." On the 23d, Mr. Kelley, a member of the Select Coraraittee that reported the bUl, spoke eloquently in favor of its passage. In reply to Mr. Brooks, he aaid, " I am no eon of Maaaachuaetta or New England, aa the gentleman ia, but I remember, that in my wayward youth, being free from the inden ture that had bound me to a long apprenticeship, but not having attained raanhood, I- wandered from my native Pennsylvania, counter to the current tide of emi gration, in pursuit of eraployraent, and found a horae in Massachusetts ; and I raay be pardoned If I pause for a moment to feebly testify ray gratitude to her, in whora I found a gentle and generous foster-raother. I thank God for the Puritan spirit of Maaaachusetts. A boy, poor, friendleaa, and In purault of wages for manual toil, I found open to me, in the libraries of Boston, the science, history, and literature of the world. At a cost that even the laboring man did not feel, I found, night after night, and week after week, in her lyceums and lecture-rooms, the means of intercourse with her Ban crofts, her Brownsons, her Everetts, her Channlngs, her Prescotts, her Emersona, and scores of others as learned and as able sons as these, though perhaps less distin guished. I thus learned what it was to be an American citizen, and to what a height American civUization will be carried ; and I found four years of life spent at well- 832 A BUREAU OP FREEDMEN. paid toil worth to me what the aarae number of years in a college might have been. . . . You need not fear that this black race wUl fade away. The glowing South, the land of the tropics, genial to them, invites its own development, and will insure that of this race." The House reaumed the consideration of the bill on .the 24th; and Mr. Dawson (Dem.) of Pennsylvania made an elaborate and able speech in opjiosition to tho policy of the Administration. Mr. Davis of Maryland followed on the 25th in a speech of eloquence and pow er. Mr. Knapp (Dem.) of Illinois addressed the Houae on the lat of March in opposition to the paaaage of the biU. Mr. Price (Rep.) of Iowa apoke for the bill, and sharply replied to Mr; Cox. Mr. Eliot moved the pre vioua queation, which waa auatained by the Houae^ Mr. Eliot yielded a portion of hia hour to cloee the debate to Mr. Pendleton (Dem.) of Ohio, who spoke briefly but forcibly against the right to enact the bUl. He thought the fi-eedmen, nurabering more than half a mil lion, " long for the repose and quiet of their old homes, and the care of their masters ; that freedom has not been to them the promised boon ; that even thus soon it haa proven Itself to be a life of torture, ending only in certain and speedy death." Mr. Wadsworth, by the courteay of Mr. Eliot, apoke briefly againat the paaaage of the bill. Mr. Eliot, being anxious to take the vote, declined to close the debate. Mr. Brooks's motion to recommit the bill waa loat, and the eubatitute moved by Mr. Eliot was agreed to. Mr. Mallory (Dem.) of Kentucky moved to lay the bill on the table, — yeaa 62, naya 68. Mr. Mallory deraanded the yeaa and naya on the passage of the biU ; and they were ordered. The , A BUREAU OP FREEDMEN. 333 question was taken, — yeas 69, nays 67. So the biU passed the House. In the Senate, on the 2d of March, Mr. Ellot'e bUl waa referred to the Select Committee on Slavery, of which Mr. Sumner waa chairman. On the 12th of AprU, Mr. Sumner reported from the Select Coraraittee on Slavery a biU to establish a Bureau of Freedmen ; which was read, and ordered to a aecond reading. On the 25th of May, Mr. Sumner reported back from the Select Comraittee on Slavery Mr. Eliot'a bUl, with an amend ment to atrUse out the original bill, and inaert hia bUl in Ueu of it. On the Sth of June, the Senate proceeded to the conaideration of the Houae biU, the pending ques tion being on the subatitute reported by Mr. Sumner as an amendment. Mr. Sumner explained the proviaions of hia substitute for the House bUl, and earnestly and eloquently pressed the importance of prorapt action. " The opportunity," he declared, " must not be lost, of helping so many persons who are now helpless, and of aiding the cause of reconciUation, without which peace cannot be aaaured." Mr. Richardaon (Dem.) of BUnois oppoaed the biU, and bitterly aaaaUed the Adraini stration . On the 14th, Mr. Sumner moved to proceed to the consideration of the House bUl to establish a Bureau of Freedmen's Affairs. Mr. M'DougaU demanded the yeaa and nays, — yeas 23, nays 11. Several Important amendments were made ; not, however, changing the general features of the measure. Mr. CarlUe (Dera.) of Virginia moved to poatpone the further consideration of the bUl to the first Monday of December next, — yeas 13, nays 23. Mr. WiUey (Union) of West Virginia, 334 • A BUREAU OP FREEDMEN. earnestly opposed and severely criticised the bill, and Mr. Sumner sharply replied to Mr. WUley's remarks. On the 27th, the Senate reaumed the conaideration of the bill ; and aeveral amendmenta were olfered by the frienda and opponenta of the measure. Mr. Trumbull moved to amend the bUl by adopting a new section, repealing the last clause of a joint resolution explanatory of the Confiacation Act. On the 28th, the vote waa taken on Mr. TrumbuU'a amendment ; and it was adopt ed, — yeas 23, nays 15. Mr. Doolittle moved that all assistant comraissionera and auperintendents and other officers be so far considered in the miHtary aervice as to be liable to trial by court martial ; and the araendment waa agreed to. Mr. WUley moved to authorize the commiaaionera to open a correspondence with the gov^ ernora and municipal authoritiea, to aid in aecuring homee for the freedraen ; and it waa adopted, — yeaa 19, naya 15. Mr. WUaon moved tP atrike put pf the aub stitute the werd "treaaury," and inaert "war." — "I have moved thia amendment, because, in my judgment, it is better, in every aspect in which the caae can be viewed, that thia bureau ahould be in the War De partment, becauae the War Department controle the arraiee. The rebel Statea are divided into military de- partmeiite ; and all the law we adrainister there is mU itary law, and all the government we exercise over them is military government. Why we should take these people, who now flock to the army, and have gathered around It for protection and support, from under the control of the War Department, and put them under the control of speculating treaaury agenta, ia a thing I cannot comprehend." Mr. Sumner hpped the amend- A BUREAU OF FREEDMEN. ' 335 ment would not be adopted. He declared, " K it should be adopted, I shaU consider the bUl worse than nothing." "I do not wish," replied Mr. WUaon, "to take the re- sponaibility of giving a turn to thia bill contrary to the wiahea of my colleague, who haa had the direction of it ; and, having atated my opinion, I withdraw the amend ment." Mr. Sumner'a aubstitute for the House bUl was then agreed to, and the biU reported to the Senate as amended. Mr. Johnaon moved to strike out the word " treasury," and inaert the word " war," — yeaa 15, naye 20. Mr. Davis spoke in opposition to the biU, and in denunciation of the policy of the Adrainistra tion ; and Mr. WUkinson sharply replied to Mr. Davia. Mr. Hendricks opposed the passage of the bUl, and Mr. Chandler earnestly advocated the policy of using the negro to put down the Rebellion. "A secession traitor," he declared, " is beneath a loyal negro. I would let a loyal negro vote ; I would let him testify ; I would let hira fight ; I would let hira do any other good thing ; and I would exclude a secession traitor. I say thia deUberately, that in Kentucky, in Tenneaaee, in Ala baraa, in Louisiana, in South Carolina, in every single rebel State, I consider a loyal negro better than a seces sion traitor, and I wUl treat him better. Make the most of it." — "The policy," said Mr. M'DougaU, " proposed by this bUl, is an outrage upon Christianity and huraanity ; and aa auch, with a aevere sense of duty, I denounce it." Mr. Buckalew called for the yeas and naya on the paaaage of the bill ; and they were ordered, — yeaa 21, naya 9. So the bUl "to eatablish a Bureau of Freedraen " passed the Senate on the 2Sth of June. In the House, on the 2d of July, Mr. Eliot, from the 336 A BUREAU OP FREEDMEN. Select Coramittee on Emancipation, reported back hia bill and the amendment of the Senate, and moved that the amendment of the Senate be non-concurred in. Mr. Waahburne (Rep.) of Illinois expressed the hppe that Mr. Eliot would withdraw his report, ftnd let the call of the committees go on. Mr. Eliot could not consent to that. Mr. Griswold (Dem.) of New York wiahed to know if it would be in order to move to lay the biU on the table. Mr. Washburne auggeated that he could move the poatponement to the next session. Mr. Griswold moved to postpone the further considera tion of the bUl to the 20th of December next. The motion was agreed to ; and the biU wUl come up for con sideration at the next seasion. 337 CHAPTER XVIH. RECONSTRUCTION OF REBEL STATES. MR. HARLAN'S BILL. — MR, SUMNER'S RESOLUTIONS, — MR. ASHLEY'S BILL. — MR, HARRIS'S BILL, ME. WINTEE DAVIS' S RESOLUTION. — SELECT COMMITTEE ON RECONSTRUCTION. — MR. DAVIS'S BILL. REMARKS OP ME. DAVIS, ME, BEAMAN, MR, ALLEN, MR. SMITHERS, ME. NORTON, ME. BEOOMALL, ME, SCOFIELD, MR, DAWSON, MR, WILLIAMS, MR, BALDWIN OF MASSACHUSETTS, MR. DONNELLY, MR. PERHAM, MR, GOOCH, MR. FERNANDO WOOD, ME, KELLEY, MR, BOUTWELL, MR, PENDLETON, ME. DAVIS'S SUBSTITUTE, — PASSAGE OF ME, DAVIS'S BILL. — HOUSE BILL EEPOETED BY ME, WADE, — ME. BROWN'S AMENDMENT. — ME. SUMNEE'S amendment, — PASSAGE OF MR, BROWN'S SUBSTITUTE, — HOUSE NON-CONCUR, — SENATE RECEDE, — PASSAGE OF THE BILL. — THE PRESIDENT BEFUSES TO APPROVE IT. IN the Senate, on the 26th of December, 1861, Mr. Harlan (Rep.) of Iowa introduced a bUl to estab Ush a provisional governraent in each of the districts of country embraced within the limits of the Confederate Statea of Georgia, Alabama, Mlaslssippl, Louisiana, Texas, Arkansas, and Tennessee ; which was referred to the Committee on Territories. Mr. Sumner, on the llth of February, 1862, introduced a series of resolu tions declaratory of the relations between the United States and the territory once occupied by certain States, and now usurped by pretended governments - without constitutional or legal right. These resolutions declare that slavery, being a local institution, ceased to exiat when the Statea no longer exiat ; that it Is the duty of Congress to see that everywhere, in this extensive 29 338 RECONSTRUCTION OP REBEL STATES. territory, alavery ahall cease to exist practically, as it haa already ceased to exist constitutionally or legally ; and that any recognition of slavery, or surrender of pretend ed slavea, besidea being a recognition of the pretended governments, giving them aid and comfort," is a denial of the rights of persons, who, by the extinction of the States, have becorae free, so that, under the Constitu tion, they cannot again be enalaved. No action waa taken on these resolutions. In the House, Mr. Ashley (Rep.) of Ohio, on the 12th of March, reported, from the Committee on Territories, a bill for a provisional government over the territory in rebellion. Mr. Pendleton (Dem.) of Ohio declared that " thia bill ought to be entitled a bill to diaaolve the Union, and aboliah the Conatitutlon ; " and moved that it be laid upon the table. Mr. Bingham (Rep.) of Ohio demanded the yeas and nays, — yeas 65,, nays 56. So the bill was Ijild upon the table. Mr. Harris (Rep.) of New York, on the 14th of February, introduced into the Senate a bUl to establish provisional governmenta in certain caaea ; which waa referred to the Comraittee on the Judiciary. Mr. Harria repeatedly preased the consideration of the measure ; but ho action was taken upon it. On the 3d of March, 1863, the Senate, on motion of Mr. Harris, proceeded to the consideratipn of the bUl ; and Mr. Harria pro posed to amend it by striking out six sections, and inserting three new aections. The third section of the amendment provided that no law, whereby any person has heretofore been held to service or labor in any auch State, ahall be recognized or enforced by any court or officer conatituted or appointed under the proviaiona of RECONSTRUCTION OF REBEL STATES. 339 this act ; and all laws providing for the trial and pun ishraent of white persons in any auch State shall be deeraed, and are hereby declared to be, applicable to the trial and punishment of all persons whomsoever within the jurisdiction of such court or officer. Mr. CarUle (Dem.) of Virginia raoved to strike out those words. Mr. Davia (Dem.) of Kentucky moved to lay the bUl on the table, — yeaa 15 ; nays 21. The Senate, by a vote of 22 to 13, on motion of Mr. WUkinson (Rep.) of Minnesota, postponed the consideration of the bUl, to take up the biU for the organization of Idaho. In the House of Representatives, on the 15th of De cember, 1863, Mr. Stevens (Rep.) of Pennsylvania proposed that so much of the President's message as relates to the condition and treatment of the rebellious Statea be referred . to a Select Committee of nine.. Mr. Davia (Rep.) of Maryland moved to araend the reaolution, eo as to appoint a coraraittee of nine, to whora so rauch of the President's message aa rclatca to the duty of the United Statea to guarantee a repub lican form of government to the Statea shall be referred, which shaU report the billa necessary and proper to carry into execution that guaranty. After a brief de bate, the amendment of Mr. Davis was carried, — yeas 91, nays 80; and the Speaker appointed as the se lect comraittee Mr. Davis (Rep.) of Maryland, Mr. Gooch (Rep.) of Massachusetts, Mr. J. C. Allen (Dera.) of BUnois, Mr. Aahley (Rep.) of Ohio, Mr. Fenton (Rep.) of New York, Mr. Holraan (Dem.) of Indiana, Mr. Smithers (Rep.) of Delaware, Mr. Blow (Rep.) of Missouri, and Mr. English (Dem.) of Con necticut. 340 RECONSTRUCTION OP REBEL STATES. On the 15th of February, Mr. Davis reported a blU to guarantee to certain States whpae governmenta have been usurped a republican form of government ; which was read twice, ordered to be printed, and recommitted to the committee. On the 22d of March, on motion of Mr. Davis, the House proceeded to the consideration pf the bill guaran teeing to certain Statea a republican form of govem ment. The bill, among other thinga, provided that the State conatitutional conventiona to be held ahall incor porate into the constitutions of the States that invol untary servitude ia for ever prohibited, and the freedora of all persons ia guaranteed. The bill also provided that all persons held to involuntary servitude or labor in the rebel Statea are emancipated and diachurged, and they and their poaterity shall be for ever free ; and, if they or their posterity shall be restrained pf Hberty un der pretence of any claim to such service or labor, the courts of the United States shall, on habeas corpus discharge them. The bill also prpvided, that if any person declared free by this act, or any law of the United States, or any proclamation of the President, be restrained of liberty, with intent to be held in or reduced to involuntary servitude or labor, the peraon convicted before a court of competent jurisdiction of such act shall be punished by fine of not leaa than fifteen hundred dollara, and be imprisoned not less than five nor more than twenty years. Mr. Davis addressed the House eloquently in support of his bill. Mr. Beaman (Rep.) of Michigan earnestly advocated the meaaure. He closed his speech by the eraphatic declaration, " By no consent of mine shaU a single one of the wayward RECONSTRUCTION OF REBEL STATES. 341 States ever be perraitted to participate in ahaping the deatiniea of thia nation, until ahe haa by her organic law for ever prohibited involuntary servitude, except ae a punishment for crirae, within all her bordera ; nor, while I have life and strength, will I cease to urge by aU con atitutional meana the freedom of every inhabitant of the United Statea, without regard to color or race." On the 19th of AprU, the Houae resumed the dis cussion of the blU ; and Mr. J. C. AUen, a member of the Select Committee, addressed the House in op position to its passage. "Some one," he said, "had suggested, that, when elavery was buried, upon ita tombatone ahould be written, 'Slavery, — died of the Rebellion.' I warn gentleraen to beware, lest beside the grave of Slavery be found another grave and another tombstone, whereon History -wUl write, ' Civil Liberty, — died of Revolution.' " Mr. Smithers of Delaware made an earneat and able speech in advocacy of the measure. " I do not," he said, " trust wholly to presidential proc lamations. I prefer to rest the security of the Re public upon the safer and raore irrefragable basis of Congressional enactraents. I would not forego any possible precaution against the recurrence of fraternal strife. Homogeneity of institutions is our only safe guard ; universal freedora, the only possible solution." Mr. Norton (Rep.) of Illinois spoke in favor of the meaaure, and aharply criticiaed the apeechea made in favor of the policy of peace. He waa followed by Mr. BroomaU (Rep.) of Pennaylvania in earnest advocacy of the bill. " Let us at last," he exclaimed, " do justice to our mother-tongue, — that in which the great English and the greater American charter were written ; that 29* 342 RECONSTRUCTION OP REBEL STATES. which, from ita infancy, proclaimed the righta of men, and denounced the Crimea of tyranta. Let us learn, that, sublirae as it is for the utterance of grand truths, it is no language to lie in." Mr. Scofield (Rep.) of Pennsylvania spoke eloquently In favor of the policy of emancipation. He thought we had exhausted "all concessions within the range of possibility, which, if made, would conciliate the slave power. Even Jaraes Buchanan, so gifted in abasement, could find nothing more in the shape of theory to give them, and in ita stead tendered the low villany of Lecompton." Mr. Dawson (Dem.) of Pennsylvania opposed the enact ment of the bUl. Mr. WUliams (Rep.) of Pennsyl vania followed in a speech of rare beauty and masterly power. He paid a glowing tribute to New England and to Maaaachuaetta. "Leave out," he exclaimed, " Maaaachusetts in the cold ! What matters it that no tropical sun has fevered her Northern blood into the delirium of treason? I know no trait of tenderness more touching and raore huraan than that with which she received back to her arms the bodies of her lifeleaa children. ' Handle them tenderly' was the message of her loyal governor. Massachusetts desired to look once more upon the faces of her martyred sons, ' marred ag they were by traitors.' She lifted gently the sable pall that covered thera. She gave them a soldier's burial and a soldier's farewell; and then, like David of old, when he was informed that the child of his affections had ceased to live, she rose to her feet, dashed the tear drop from her eye, and in twenty days her iron-clad battalions were crowning the heights,, and her guns frowning destruction over the streets, of the rebel city. RECONSTRUCTION OF REBEL STATES. 343 Shut out Maasachusetts in the cold I Yes : you raay blot her out frora the map of the continent : you may bring back the glacial epoch, vfhen the arctic ice-drift that has deposited eo many monuraents on her soil ewept over her buried surface, — when the polar bear, perhaps, paced the driving floes, and the walrus frolicked among the tumbling icebergs : but you cannot sink her deep enough to drown the memory of Lex ington and Concord, or bm-y the surarait of the tall column that lifts its head over the first of our battle fields. ' With her,' in the language of her great son, * the past at least la secure.' The Muse of History haa flung her atory upon the world'a canvas in -tlnta that wUl not fade, and cannot die." Mr. Baldwin (Dem.) of Michigan oppoaed the bill and the emancipation raeasures of the Adrainistration. " Fanatical radical ism," he declared," has gained the ascendency ; and the war for the laat eighteen montha haa been prosecuted, not for the restoration of the Union, but for the destruc tion of the South." Mr. Thayer (Rep.) of Pennsyl vania advocated the policy of taking security for the future peace of the nation. Mr. Yeaman (Union) of Kentucky did not see our power to legislate away the laws and institutions of States. " Viewing the bill from the stand-point of those who desire universal abo lition, it would seera to be idle and premature legisla tion, because, without railitary success, the law is a dead letter ; and with military, success , under the present programme, abolition is accoraplislied without the law.'' Mr. Longyear (Rep.) of Michigan spoke in favor of the passage of tlie bill. On the 2d of May, Mr. DonneUy (Rep.) of Minne- 344 RECONSTRUCTION OF REBEL STATES. Bota addreaaed the Houae in ita favor. "I cannot," he said, " perceive the advantage, to any man, of the degradation of any other man ; and I feel assured of the greatness and perpetuity of my country, only In ao far aa it identlfiea itself with the uninterrupted progress and the universal liberty of mankind." Mr. Dennison (Dem.) of Pennsylvania ppppsed the measure and the general policy of the Administration. Mr. Stevens spoke In advocacy of the bill, and of a radical antislavery policy. Mr. Strouae (Dem.) of Pennsylvania severely denounced the policy of the Administration ; and Mr, Cravens (Dem.) of Indiana follpwed in a general assault upon the principles and meaaurea of the Admlniatration. On the 3d, Mr. Perham (Rep.) of Maine spoke earnestly for the measure, and Mr. Keenan (Dera.) of New York strenuously opposed it. Mr. Gooch (Rep.) of Massachusetts supported, and Mr. Perry (Dem.) of New Jersey opposed, the passage of the biU. Mr. Fernando Wood, the leader of the unconditional peace Democrats, made an elaborate speech against it. "We of this generation," he said, "may not be able to esti mate the full measure of the misery that will follow the reaUzation of the fantastic theory, which, promising to remove the yoke from every shoulder, will curse the earth with sterility, and man with vice and poverty." Mr. Kelley (Rep.) of Pennsylvania would pass this blU " as a meana of organizing conquest and peace." The debate waa resumed by Mr. Cox of Ohio on the 4th. "I aak for thia people juatice," aaid Mr. BoutwfeU (Rep.) of Maaaachusetts, " in the presence of these great eventa, in this exigency, when the life of the ijatlon is in peril, and when every reflecting peraon must aee that the RECONSTRUCTION OF REBEL STATES. 345 cause of that perU is in the injustice we have done to the negro race. I ask that we ahall now do justice to that race. They are four mUlions. They will reraain on thia continent. They cannot be expatriated. They await the order of Providence. Their home is here. It is our duty to elevate thera, to provide for their civ ilization, for their enlightenraent, that they may enjoy the fruits of their labor and their capacity." Mr. Pendleton (Dem.) of Ohio spoke atrongly againat the passage of the bUl. He declared, " It creates unity ; it destroys liberty ; it maintains integrity of territory, but deatroya the righta of the citizen." Mr. Davis moved a substitute for the bUl. Mr. Ancona (Dem.) of Pennsylvania moved that the bUl and substitute be laid on the table. The motion was lost. The question was taken on Mr. Davis's substitute ; and it was adopt ed. Mr. Cox demanded the yeas and nays on the pas sage of the bUl; and they were ordered, — yeas 73, nays 59. So Mr. Davis's bUl passed the House of Representativea . In the Senate, the bill was referred to the Committee on Territories, of which Mr. Wade was chairman. On the 27th of May, Mr. Wade reported back the bill with amendraents. On the 1st of July, Mr. Wade moved to take up the bill for consideration. Mr. Lane of Kansas opposed the motion, and Mr. Pomeroy advocated it. Mr. Powell demanded the yeas and nays; and they were ordered, — yeaa 20, naya 11. Mr. Wade opposed all amendments. Mr. Lane of Kansas demanded the yeaa and naya on the amendraent to atrike out the word "white " before the word " male ; " and the question, being taken by yeaa and naya, re- 346 RECONSTRUCTION OP REBEL STATES. suited — yeaa 5, naya 24. Mr. Brown (Rep.) of Miaaouri moved to strike out all after the enacting clauae, and insert, that when the inhabitants of any State have been declared in a state ' of insurrection by the proclamation of the President, by force and virtue of the act of the 13th of July, 1861, they shaU be inca pable of casting any vote for President, or of electing senators and representativea in Congreaa. Mr. Wade expreaaed the hope, that the araendment would not be adopted. Mr. Carlile opposed the original bUl. The question being on Mr. Brown's amendment, Mr. Con ness (Union) from CaUfornia demanded the yeas and nays; and they were ordered, — yeas 17, nays 16 : so Mr. Brov\m'a amendraent waa agreed to. Mr. Sumner moved to amend the bUl by adding^^ " That the procla mation of emancipation iaaued by the Preaident of the United Statea on the firat day of January, 1863, eo far aa the aame declaree that the alavea in certain dealgnat ed Statea, and portiona of States, thenceforward should be free, is hereby adopted, and enacted as a statute of the United States, and as a rule. and article for the government of the military and naval forces thereof." Mr. Hale opposed the araendment to Mr. Brovni's aub stitute, as he did not wish it embarrassed by, any other question. Mr. Sumner thought it irapossible for' any person who recognizes the proclamation of emancipa tion to vote against the amendment. "I wish," he said, " to make the present sure, and to fix it for ever more and immortal in an act of Congress." Mr. Saulsbury (Dem.) of Delaware declared that "an Ad ministration soon, thank God, will be in power, which will wipe out all this species of legislation, and will do RECONSTRUCTION OP REBEL STATES. 347 it without blood-shedding too." Mr. 'Brown was in favor of Mr. Suraner's araendment as an Independent proposition, but not on the pending blU. The question was taken on Mr. Sumner's amendraent, — yeas 11, nays 21. Mr. WUson deraanded the yeas and nays on Mr. Brown's amendment ; and they, were ordered, — yeas 20, nays 13. The yeas and nays were then taken on the passage of the biU as amended, — yeas 26, nays 3. So the bUl passed the Senate. The House of Representatives, on motion of Mr. Da-vie, non-concurred in the Senate amendment, and asked a Committee of Conference ; and Mr. Davis of Maryland, Mr. Ashley of Ohio, and Mr. Dawson of Pennsylvania, were appointed conferrees. The Senate, on motion of Mr. Wade, by a vote of 18 yeas to 14 nays, receded from Mr. Brown's amendment. Mr. Da vis's biU passed the Senate on the 2d of July, but did not receive the approval of the President of the United States. 348 CHAPTER XIX. CONFINEMENT OF COLORED PEESONS IN THE WASH INGTON JAIL. MR. WILSON.'S JOINT RESOLUTION. — BEMAEKS OF MB. -WILSON, MB. CLASK, MR. HALE, MR. -WILSOtl, MR. FESSENDEN, MR. SUMNER. MR, OLARK'S RESOLUTION. — MR. GRIMES'S BILL, — REMARKS OF MB. GRIMES. — MR. POWELL'S AMENDMENT. — REMARKS OF MR. PEARCE, MR. POWELL, MR. CAELILB, MB. WILSON, MB. FESSENDEN, MR. LATHAM, MR. COWAN. — PASSAGE OF THB BILL. — MR. WILSON'S BILL. — REMARKS OF MB. -WIL SON. — MB. GRIMES'S AMENDMENT. — BEMARKS OF MR. M'DOUGALL, MB. HALE, MB. WILSON, MB. PEABOE, MB. SUMNER. — MB, BINQUAM's BILL. IN the Senate, on the 4th of December, 1861, Mr, Wilson (Rep.) of Massachusetts introduced a joint resolution, that " all persons who may have been arrest ed as fugitives from service er labpr, and cpnfined in the cpunty jaU in the District of Columbia, shall be dis charged therefrom." Mr. WUson stated that he had " visited the jail, and euch a scene of degradation and inhumanity he had never witnessed. There were per eons almost entirely naked ; some of them without a shirt. Some of those persons were free ; most of them had run away from disloyal masters, or had been sent there by jiisloyal persons, for eafe keeping untU the war ia over." He read the report of Mr. Allen, a govern ment-officer, in regard to eixty of the persons confined there. Mr. Clark (Rep.) of New Hampshire heartUy concurred in the desired object ; but he thought the names should be put in the resolution. CONFINEMENT OP COLORED PERSONS, ETC. 349 "I am very glad," eaid Mr. Hale (Rep.) of New Hampahire, " that thia report haa been made and pre sented here, becauae it will help to ana wer a queation that was put to me a great raany times long and long ago, — what the North had to do with slavery. I think, when the Northern States find out that they are supporting here in jaU the slaves of rebels who are fighting against ua ; that we are keeping at the pubUc expenae their elaves for them untU the war ia over, — it wiU have a tendency to enlighten some minds in regard to the proper ana wer to that queation. If there be any duty which thia Congreaa owea to humanity and to itself, it is to look into the administration of justice in thia Dia trict, and to see to it that those who have been ground to the earth heretofore may not be ground stUl more under your auspices and your reign." Mr. M'Dougall (Dem.) of California moved to refer the joint resolu tion to the Judiciary Coraraittee. Mr. WUson was willing his resolution should go to the Judiciary Com mittee, or to the Comraittee on the District of Columbia. " I hope," he said, " that these persons wUl be dis charged as speedily as possible, and then that a law wUl be passed punishing anybody for arresting such per sons ; and that aU the laws in the District of Columbia, oppresaive or degrading to any portion of the people, will be wiped from the Btatute-book, and that all the ordinancea of the city of that character wUl be annulled ; and then I trust that judicial tribunals -wUl be estab Ushed worthy of us, and that a ayatem for selecting jurors wUl be adopted which will secure the ends of justice ; and then I hope that slavery wUl be swept away for ever from the District, and the national capi- 30 350 CONFINEMENT OP COLORED PERSONS tal freed from its pollution. The prison which standa in this city ia a burning ahame and a diagrace to our country ; and I hope it will be levelled with the dust, and that a prison fit to keep human beings in will be erected. The other day, the French legation carried to that prison gentlemen who had traversed the world examining prisons, — gentlemen who were investigating the subject of prisons, and their construction andadls- cipline. The jailer told me yesterday, that, after they had gone through thia prison, they observed that they had never seen anywhere such a prison, with one exception ; and that was in Austria. If senators wUl go to the prison ; if they can bear to go there, and contemplate for a few momenta what their eyea will look upon, — I think they will then be disposed, at any rate, to liberate those poor creatures, who are confined there for no offence whatever, and to construct a prison worthy ofa Christian people." Mr. Fessenden (Rep.) of Maine saw but one remedy ; and he had been hoping to see the day when Congresa would " aweep all the courta of this District out of existence, and remodel the whole affair. . . . But with reference to runaways, men who have escaped from rebel masters, if the abuse which has been brought to our notice exists here, or exists anywhere, I wish now to say before the country, — for this matter has excited some interest, not only in our armies, but elsewhere, — thatl ara for rendering the raost ample justice to them, whenever it can be done legally and constitutionally ; and there are few instancea, I truat, in which both theae conditiona will not be found to agree in reference to that matter." "There ia," eaid Mr. Sumner, "a black code in thia IN THB WASHINGTON JAIL. 351 District, derived from the old legislation of Maryland, which ia a sharae to the civilization of our age. If any one wishes to know why such abuses exist in our prisons and in our courts here as have been to-day. so eloquent ly pointed out, I refer hira to that black code. You wUl find in that black code an apology for every outrage that ia now complained of. If, therefore, eenatora are reaUy in eamest ; if they are determined that the na tional capital ahall be purified, that the administration of justice here shall be worthy of a civilized community, — they have got to expunge that black code from the etatute-book : but to expunge that black code from the Btatute-book is to expunge slavery Itself ; and that brings us precisely to the point. Senators will raistake if they undertake to raeet this question merely on the threshold, merely at the outside. They have got to meet it in its essence, in ita aubstance. Why ia that prison euch an oflfenaive place aa I know it to be ? — for It haa been my fortune to visit it repeatedly. It is on account of slavery : It ia the black code which prevaila in thia Dis trict. Why is juatice eo offenelvely adminiatered In thia Diatrict? It ia on account of those brutal senti ments generated by slavery, sanctioned by the black code which the courta in thia District enforce." Mr, M'Dougall, at the suggestion of Mr. Trumbull, modi fied his motion so as to refer the joint resolution to the Committee on the District of Columbia ; and it was so referred. On the 9th, the Senate, on motion of Mr. Clark, adopted a resolution, "That the Marshal of the District of Colurabia be directed to inform the Senate by what authority he receives slaves into the jaU of the District 352 CONFINEMENT OP COLORED PERSONS at the request of their raasters, and holds them in con finement until discharged by their masters." Mr. Grimes, on the 2d of January, 1862, introduced a bill in regard to the administration of criminal justice in the District of Columbia. It was referred to the Dis trict Committee, and reported back by Mr. Grimes, on the 6th, with amendments. The biU provided that all persons not held in final judgraent, who were confined prior to the last terra of the crirainal court, were to be discharged ; and the judge of the criminal court waa to cause an order to be entered on the records of the court before the final adjournment of each term, requu-Ing a general delivery of aU persons confined in the jail before the grand jury for that term were imj^anellcd, and against whom no indictment was found by thora. "I am not," said Mr. Grimes, ''very fresh in my reading of history ; but, from my recollection of the descriptions of prisons I have read of, I think that there never waa a place of confinement that would be compared with the Washington Jail as it waa at the coramencement of the present session, except the French Bastille and the dungeons of Venice. When I visited the jaU the other day, I had hardly entered the threshold before a colored boy stepped up to me, and tapped me on the shoulder. He happened to know who I was. Said he, 'I have been here a year and four days.' I asked him for what offence. He said he was confined as a runaway. I asked him if any one claimed him. 'No.' — 'Are you a free boy?' — 'Yes.' Turning around to the jailer, I asked hiin if that was so. He said it waa. I asked him, ' How do you know it to be so ? ' I found that the boy had been confined, not twelve months only, but IN THE WASHINGTON JAIL. 353 thirteen months and four days, merely on the charge of being a runaway." On the 14th, the Senate resumed the consideration of the bill ; the pending question being on the motion of Mr. PoweU (Dem.) of Kentucky to amend the bUl, BO as not to discharge fugitive alaves. Mr. Grimea commented upon the communication just received from W ard H. Lamon, the Marshal of the District, in regard to the rule he had adopted, excluding merabers of Con gress from the jail without a written permission from hira. Mr. Pearce (Dera.) of Maryland was opposed to the enactraent of the bill. "You cannot," he said, " expect eucceas in reatoring the Union, if it be known that your policy ia one of eraancipation. Mr. PoweU thought the Sole object of the bUl waa the liberation of fiigitive slaves. " The effect ofthe biU," he aaid, " clear ly .wUl be to release every fugitive slave from jail." Mr. Pomeroy (Rep.) of Kansas, and Mr. MorrUl (Rep.) of Maine, advocated the passage of the measure. Mr, CarlUe (Dem.) of Virginia would not vote for the bill : but he desired " to act upon it, and get rid of it ; and thus one peg, at least, wiU be taken from gentlemen, upon which they hang their sympathetic speeches for the negro race." Mr. MorriU sharply replied to the remarks of Mr. CarlUe. Mr. WUson read a letter frora Dr. Samuel G. Howe of Massachusetts, stating that the same atrocities were practised in the jail at Alexan dria. He pronounced the jail in Washington "a dis honor and a disgrace to the nation, and it should be lev elled with the dust." — "I have three sons in the army, out of four," said Mr. Fessenden ; " and I never would have consented that one of them should be there If his 80* 354 CONFINEMENT OP COLORED PERSONS life was to be perilled, exposed to sickness or other dan gers, under the authority of men who ordered him to ar rest fiigitive slaves, and return them to their masters.'' He denounced the retum of fugitive slaves by officers of the army as " an outrage to which he would not submit, unless he was compelled to subrait to it." Mr, Latham (Dem.) of California would vote for the bUl without amendment, Mr. Collamer earnestly opposed Mr, PoweU's amendment not to discharge persons claimed aa fiigitive elavee. He protested utterly againat con fining a negro untU an owner was found for him. Tha yeaa and nays were taken on Mr. PoweU's amendraent, and it waa lost, — yeas 5, nays 35. Mr. Cowan (Rep.) of Pennaylvania inquired if there waa " any law in the Diatrict which allows alavea to be impounded in the common jail aa eatraya are impounded in other coun- triea." Mr. Sumner replied, that " it waa certainly the practice." — "If it be the law," said Mr. Cowan, "I do not aee In what way thia bill ia going to operate to prevent It." Mr. Clark moved to amend the bUl, ao that no peraon could be committed without a warrant ; and the amendment waa agreed to. Mr. Powell de manded the yeaa and naya on the passage of the biU, — yeas 31, nays 4. So the bill passed the Senate. On the 12th of February, Mr. Wilson introduced a bUl for the appointment of a warden of the jaU in the Diatrict of Columbia, and it waa referred to the Com mittee on the Diatrict of Columbia. He aaid the jail waa " under the control of Mr. .Phillips, the Deputy-Mar shal ; and under the superintendency of a negro thief by the name of Wise." This Wise had stolen a negro from a Rhode-Island regiment within a few days, and had tied IN THB WASHINGTON JAIL. 355 a negro, held as a fugitive slave, for attempting to escape from the jaU, over a barrel, and " cobbed " him. " Now, sir, I want it understood in the Senate and in the coun try, and by the men who, on their bended knees and over their Bibles, prayed, in the year 1860, for an end to these crimes against humanity, that this man Wise, thia negro thief, who is the euperintendent of the jaU, ia there to-day by our votea and our influence, and we are reaponaible for it before the nation and before Almighty God ; and, for one, I wash ray hands of the crirae, and I denounce it." On the 13th, Mr. Griraes reported back the bill with an amendment ; and, on the 14th, the Senate proceeded to ita conaideration. The committee proposed as an amendment to strike out all of the original bill, and insert a substitute. Mr. M'DougaU opposed the pas sage of the bUl, and Mr. Morrill and Mr. Hale advo cated it. Mr. WUson said, " The night after I intro duced the bUl, our man Wise, our negro thief, whom we keep there, went out into the city, and stole a wo man who declarea heraelf free, and "her mother aays she ia free." Mr. Pearce oppoaed the bill. "I am glad," aaid Mr. Sumner, " thia aubject has been brought before the Senate. I feel personally obliged to my colleague for the way in which he did it, and also to the committee on the District of Columbia for their prompt report of the biU ; but I hope the chairman of that coramittee wUl pardon me if I say that I do not think his comraittee went far enough. He ought to have reported a bill to abolish the office of marshal. There is an old saying, that ' he gives twice who quickly gives ; ' and surely there is no occasion for the applica- 356 CONFINEMENT OP COLORED PERSONS tion of that saying more pertinent than a case of in justice like thia : surely we ought to be prompt, and every moraent of delay is a ahame upon ua." The bill waa then paaaed without a division. In the House of Representatives, on the 9th of December, 1861, Mr. Binghara (Rep.) introduced a joint resolution " in regard to the coraraitraent of negroes to the jail of the District of Columbia." The resolution declared that all acts, and parts of acts, in force in the District of Columbia, which authorize the commitment, to the jails of said District, of persons aa runawaya, or auepected or charged with being runa- waya, and all acta, and parta pf acts, which authorize the sale of persona bo committed for charges of commit ment or jail fees, be, and the same are, repealed; and so to commit or imprison or sell any person for the causes aforesaid within said District is hereby declared a misdemeanor. Thia joint reaolution waa referred to the Judiciary Committee, but no action waa taken upon it ; nor were the billa relating to the jail paaaed by the Houae of Repreaentativea. But the exposure, in Con gress, of the shameful abuses in that prison, brought redress to t]^e victims of " black codes " and diahqneat officlala. On the 25th of January, 1862, the Hon. William H. Seward, Secretary of State, addreaaed to Marahal Lamon the following order : — " The President of the United States being satisfied that the foUowirfg instructions contravene no law in force in thia District, and that they can be executed without waiting for legislation by Congress, I am directed to convey them to you. As Marshal of the District of Columbia, you will not receive into custody any persons claimed to be held to service or IN THE WASHINGTON JAIL. 357 labor within the District or elsewhere, and not charged with any crime or misdemeanor, unless upon arrest or commitment pursuant to law as fugitives from such service or labor ; and you will not retain any such fugitives in custody beyond a period of thirty days from their arrest and commitment, unless by special order of competent civil authority. You will forthwith cause publication to be made of this order ; and, at the expiration of ten days therefrom, you will apply the same to all perso.ns so claimed to be held to service or labor, and now in your custody. This order has no relation to any arrests made by military authority." 358 CHAPTER XX. NEGRO TESTIMONY. THE BILL TO ABOLISH SLAVERY IN THE DISTRICT OF COLUMBIA. — MR. SUMNER'S AMENDMENT. — SUPPLEMENTAEY BILL TO ABOLISH SLAVEEY IN THE DISTEICT OF COLUMBIA. — MR, SUMNER'S AMENDMENT. — MB. SUMNER'S BILL. — MR. SUMNER'S AMENDMENT TO THE CIVIL APPBO- PRIATION BILL, — REMARKS OF MR. SUMNER, MR. SHERMAN. — MR. BUCKALEW'S AMENDMENT. — REMARKS OF MR, SAULSBURY, ME. HOW ARD. — MR. SUMNER'S AMENDMElTr ADOPTED. THE original biU for the abolition of slavery in the District of Columbia, introduced by Mr. WU son (Rep.) of Massachusetts on the 16th of December, 1861, provided that the clairaant may be sumraoned before the commlsaionera, and examined on oath ; and that the party for whose service compensation is claimed may also be exarained before the commissioners, and may testify. Thia proviaion aimply secured to the per son claimed to owe service or labor the right to testify before the commissioners. Mr. Sumner (Rep.) of Massachusetts, on the 3d of April, moved to amend the bUl by empowering the commissioners to take testimony, " without the exclu sion of witnesses on account of color." Mr. Saulsbury (Dem.) of Delaware deraanded the yeas and nays ; and they were ordered, — yeas 26, nays 10. Thia amend ment erapowered the coraraissioners appointed to assess the sum to be paid for each alave claimed to own aer- NEGRO TESTIMONr. 369 vice or labor ; to examine and take the testimony in the pending cases of colored witneaaea, free or alave. On the 7th of July, the Senate having under con sideration Mr. WUson's supplementary biU for the re lease of certain persons held to service or labor in the District of Columbia, Mr. Sumner moved to add as a new aection, " That, in aU the judicial proceedinga In the Diatrict of Columbia, there ehall be no exclusion of any witness on account of color." Mr. PoweU (Dem.) of Kentucky demanded the yeas and nays ; and they were oijdered, — yeas 25, nays 11. In the Senate, on the 25th of June, 1864, Mr. Sum ner moved to amend the third section of the CivU Appro priation BiU by adding, " that, in the courta of the United Statee, there ahaU be no exclualon of any witness on account of color." In support of his amendment, Mr. Sumner read a note from a meraber of the Virgi nia Constitutional Convention, stating that, unleaa the freedraen were aUowed to give testimony, " their persons and property wiU be at the mercy of every vagabond who may happen to have a black heart instead of a black skin. It ia hard," he said, " to be pbliged to argue thia question. I do not argue it. I wUl not argue it. I simply ask for your votes. Surely Congress wUl not adjourn without redressing this grievance. The king, in Magna Charta, promised that he would deny juatice to no one. Congrees haa succeeded to this promise and obUgation." Mr. Sherraan said he had al ways voted, and alwaya ahould vote, to raake no distinc tion in the color, condition, form, or nation, of a man as a witness ; " but I beseech the senator from Massachu eetts not to load down thia, the laet of the appropria- 360 NEGRO TESTIMONY. tion bills, with amendments that are likely to create controversy between the two Houses." Mr. CarlUe would " appeal to the senator from Massachusetts to withdraw this amendraent." He deraanded the yeaa and naya upon it; and they were ordered. Mr. Bucka lew (Dera.) of Pennaylvania moved to add to Mr. Sumner'a amendment, " or becauae he ia a party to or interested in the issue tried." Mr. Sumner was in favor of the proposition taken by itself, but did not wish it put upon his amendraent. Mr. Brown reminded Mr. Suraner, that that is just what other people said about his araendment, Mr, Suraner understood that, but wished " to secure this justice." Mr. Buckalew wished " to secure the additional justice provided for by his amendment." Mr. Saulsbury did not wish " to say any thing about the ' nigger ' aspect of the case. It is here every day ; and I suppose it will be here every day for yeara to corae, till the Deraocratic party comea into power, and wipea out all legislation on the statute-book of this character, which I truat in God they wUl aoon do." — "la it to be presumed at the outset," aaid Mr. Howard (Rep.) of Michigan, " that, because a man haa a black skin, he either cannot or wiU not teU the truth in court? It seems to me that those persons, who object to the examination of black persons as witnesses on the ground that they are black, put it upon this most unphi losophical, and, I may add, most inhuman and cruel pre- Bumption, that a negro either cannot or wiU not tell the truth In any case. I shall be guilty of presuming no such thing." Mr. WUkinson (Rep.) of Minnesota aug geated to Mr. Buckalew the modification of hia amend ment, ao aa to apply only to civil actiona ; and he ao NEGRO TESTIMONY. 361 modified it. Mr. Suraner hoped the araendraent would not be adopted. The vote waa taken, and Mr. Bucka- lew'a araendraent to Mr. Suraner'a amendraent waa agreed to, — ayea 21, noes not counted. The question being then taken on the amendraent aa amended, it waa adopted, — yeaa 22, nays 16. The CivU Appropriation BiU was approved by the President on the 2d of July, 1864 : eo that no witneaa la now excluded in the courta- of the United Statea on account of color. 81 362 CHAPTER XXI. THE COASTWISE SLAVE-TRADE. *bB. SUMNER'S BILL. — MB. SUMNER'S AMENDMENT TO TBE CIVIL APFBO- PRIATION BILL, — REMARKS OF MR, SHERMAN, ME, SUMNEE, MR. JOHN SON, MR. HENDRICKS, MB, COLLAMER, MR, JOHNSON, MB. 8AULSBUBT, MR, DOOLITTLE. — ADOPTION OF MB. SUMNEB'S AMENDMENT. In the Senate, on the 23d of March, 1864, Mr. Sum ner (Rep.) of Massachusetts, from the Select Commit tee on Slavery and Freedraen, reported a bUl to prohibit coraraerce in slaves among the several States, and the holding or transportation of human beings as property in any vessel withJli the jurisdiction of the National Government. The -bill provided that there shaU be no coraraerce in alavea among the aeveral Statea, by land or by water ; and any person attempting oi* aiding to transport slaves as an article of commerce from one State to another State, or any person who ahall take part in euch commerce, either aa seller, buyer, or agent, ahall be deemed guUty of a mlademeanor, and, being convicted thereof, shall suffer impriaonment for not more than five yeara, and be fined not exceeding five thousand dollars ; and every slave ao treated aa an article of commerce ehaU be free ; and no huraan being ehall be held or tranaported aa property in any veasel on the high seas, or sailing coaetwiae, pr on any navigable water, within the jurisdiction of the United States ; and every vessel violating the provisions of thia act shall be for- TIIE COASTWISE SLAVE-TRADE. 363 felted to the United States. But this bUl was not taken up for consideration. The Senate, pn the 24th of June, proceeded, as in Committee of the Whole, to the consideration of the CivU Appropriation BUl. Mr. Sumner (Rep.) of Massachusetts raoved as an amendment, that sec tions eight and nine of the act entitled " An act to prohibit the importation of alavea into any port or place within the jurisdiction of the United States* frora and after the first day of January, in the year of our Lord 1808," which said aectiona undertake to reg ulate the coaatwise slave-trade, are hereby repealed. Mr. Shetman (Rep.) of Ohio would not oppose the amendraent on an ordinary bill. He had read the two sections referred to in the amendraent, and felt dis posed to repeal them ; but he trusted the Senate would keep the bUl free from disputed political questions. Mr. Sumner regretted the opposition of Mr. Sherraan, though it was one of form only. " In moving it now," he said, " on an appropriation bill, I follow approved pre cedents : it ia in conformity with order and with uaage. ... I propose," he said, " to remove from the statute- book odious proviaiona in aupport of elavery. Whoever ia in favor of thoae provisions, whoever is disposed to keep alive the coastwise slave-trade, &r whoever wishes to recognize it in our atatutea, wUl naturally vote againat my motion. And yet let me aay that I am at a loas to understand how at this moraent, at this 'stage of our history, any senator can hesitate to unite with me in this work of expurgation and purification." Mr. Johnson of Maryland contended that the repeal of these sectiona of the act of 1807 would leave the alave-trade 364 THE COASTWISE SLAVE-TRADE. open to unreatrained abueee. Mr. Sumner differed " radically from the aenator from Maryland. He ia alwaya willing to interpret the Conatitutlon for slavery : I interpret it for freedom. He proceeda aa if thoae old daye still continued, when slavery was installed aupreme over the Supreme Court, giving immunity to alavery everywhere. The timea have changed, and the Supreme Court will yet testify to the change. To me it aeema clear, that, under the Constitution of the United States, no person can be held as a slave on shipboard within the national jurisdiction, and that the national flag cannot cover a slave. The senator thinks differently, and re lies upon the Supreme Court ; but I cannot doubt that this regenerated tribunal will yet speak for freedom, as In times past It haa apoken for elavery. And I trust, should my life be spared, to see the senator from Mary land, who bowa alwaya to the declslona of that tribunal, recognize gladly the law of freedom thua authoritatively pronounced." Mr, Hendrick (Dem.) of Indiana expressed surprise that any senator should oppose the proposition, as it would eventually be adopted. He regretted to see all the laws made by -the fathers to carry out the Constitu tion fall, one after another. Mr. Sumner proposed to araend his araendraent by adding at the end, " and the coastwise slave-trade is prohibited for ever." Mr. Col- laraer (Rep.) of Vermont asserted, that, "if it be true that Congreas can prohibit the carrying of slavea as articlea of commerce frora one State to another, they can allow it frora one State to another ; and the State cannot prevent it. I say. If they can prohibit it or regulate it, they can aUow it and license it ; and no THE COASTWISE SLAVE-TRADE. 365 State can prevent it. . .' . In my judgraent, aU laws, I do not care when they are atterapted to be raade nor when they were made, that undertake to deal with alaves, who are persons under the Constitution and our laws, as articles bf raerchandise in any form, under any regulations of trade whatever, are unconstitutional; and I beHeve to make a law now to prohibit the carry ing of slaves from one State to another for sale is totally unauthorized. . . . Therefore, inaamuch aa the sections of the law to which our attention is now called, and which it is proposed to repeal, are of that character, and atterapt to deal with the subject as of that charac ter, I say, repeal them." Mr. Johnson did not concur in the views expressed by Mr. CoUaraer; and that senator, on the 25th, replied to hia criticisms. Mr. Sumner said, that, " in view of the minute and araple legialatlon of Congress on the subject of passengers and of the coasting-trade, I subrait there can be no queation that Congress can go farther, and, by a final regulation, declare, that, in that coasting- trade, there shall be no such thing as the slave-trade." The question, being taken by yeas and nays, resulted — yeas 13, nays 20. So the amendraent was lost In Coraraittee of the Whole. After the CivU Appropriation BUl waa reported to the Senate, Mr. Sumner again raoved as an additional sec tion to the bill, that sections eight and nine of the act entitled "An Act to prohibit the iraportation of slaves into any port or place within the jurisdiction of the United States from and after the first day of January, in the year of our Lord 1808," which sectiona under take to regulate the coaetwiae alave-trade, are hereby 81* 366 THE COASTWISE SLAVE-TRADE. repealed, and the coastwise slave-trade prohibited for ever. " It seems to me," he said, " this Congress will do wrong - to itself, wrong to the country, wrong to history, wrong to our national cause, if it separates without clearing the statute-book of every support of slavery. Now, this Is the last support that there is in the statute-book ; and I entreat the Senate to remove it." Mr. Saulsbury (Dem.) of Delaware moved the indefinite poatponement of the biU ; and the motion was rejected. Mr. Doolittle (Rep.) of Wisconsin voted against the propoaition ; but aa other amendmenta had been put on the bill, and he waa in favor of the abolition of the coastwise slave-trade, he should vote for it. The vote was then taken, and resulted — yeaa 23, naya 14. So the amendment waa agreed to, and the bill approved by the Preaident on the 2d of July, 1864. 367 CHAPTER XXH. COLOR NO DISQUALIFICATION FOR CARRYING THB MAILS. ME. SUMNER'S BILL. — PASSAGE IN THE SENATE. — EEPORTED BY MR. COLFAX IN THE HOUSE. — REMARKS OF ME. COLFAX. — MR. DAWES. — MR, WICKLIFFE. — BILL LAID ON THE TABLE. — MR. SUMNER'S BILL. — ME. COLLAMEE'S AMENDMENT. — REMARKS OF ME. COLLAMER, — MR, LANE OF INDIANA. MR. LANE OF KANSAS. MR. SAULSBURY. MR. SUMNEE, — MR. POWELL, — MR. HENDRICKS, — MR. POWELL'S AMEND MENT. — REMARKS OP MR. CONNESS. — ME. JOHNSON. IN the Senate, on the 18th of March, 1862, Mr. Sumner (Rep.) of Maaaachuaetta introduced a bUl to aboliah all diaquallficatlon of color In carrying the maUa ; which waa referred to the Committee on Poat-officee and Poat-roada ; and, on the 2Jth, Mr. Col lamer reported it back without amendment. The Senate, on the llth of AprU, proceeded to conelder the biU to remove aU diaquallficatlon of color In carrying the maUs. It provided, that, from and after its passage, no person, by reason of color, should be disqualified frora eraploy raent in carrying the mails ; and all acts, and parta of acta, eBtablishing euch disqualification, including es pecially the seventh section of the act of March 3, 1825, are repealed. Mr. Powell (Dem.) of Kentucky deraanded the yeas and naya on the passage of the bill ; and they were taken, — yeaa 24, naye 11. So the bill passed the Senate. Mr. Colfax (Rep.) of Indiana, on the 20th of May, 868 COLOR NO DISQUALIFICATION reported it from the House Post-office Coramittee, with the recommendation that it do not pass. He explained the reasons for the action of the comraittee. " It doea not," he said, " affect exclusively the blacks of the coun try. It will throw open the businesa of mail contracting, and of thua becoming officera of the Ppst-pffice Depart ment, net only to blacka, but also to the Indian tribea, civilized and uncivilized ; and to the Chinese, who have come in such large numbers to the Pacific coast. . . . It would allow all over the South the employment by the alaveholder of hia slaves to carry the maU, and to receive compensation for the laber pf auch slavea put of the Federal treasury. By the preaent law, not a dollar ia ever paid out of the poat-office treasury to any slave holder for the labor of his slave." It was necessary to have testimony to convict mail depredators ; " and col ored men were not allowed to teatify in the courta of many ofthe Statea." Mr. Dawea (Rep.) of Massachu setts inquired of Mr. Colfax " whether he supposes depredators upon the maUa are tried in the State courts, or whether they are tried in the United-Statea courta ; and, if the latter, whether he and I do not make the lawa of the United Statea and the courta of the United Statee, preacribing who shall testify, and who shall not." Mr. WiekUffe (Dem.) of Kentucky atated that "the law which thia biU propoaea to repeal waa originally enacted to exclude eome men in the South who were in the habit of obtaining mail contracta, and employing their negroea to drive their stages and carry the maUs." Mr. Colfax moved to lay the bill on the table, Mr. Fessenden (Rep.) of Maine demanded the yeas and nays ; and they were ordered. On the 21st, the vote to FOR CARRYING TUB MAILS. 369 lay the bUl on the table was taken, and resulted — yeaa 82, naya 45. On the 18th of January, 1864, Mr. Sumner intro duced a bUl to remove all disqualification of color in carrying the maUa ; which waa referred to the Poat- office Comraittee. Mr. CoUamer, on the llth of Feb ruary, reported it back with an amendraent. The Senate, on the 26th, proceeded to ita conaideration ; the queation being on the araendraent reported by the comraittee, to add, " that, in the courta of the United Statea, there ahaU be no exclusion of any witness on account of color." Mr. CoUamer said, " The biU is sufficiently explicit in itself; but the committee were of the opinipn, that if persens of' color were to be em ployed, and rendered eUglble to be emplpyed, as car riers ofthe mail, by those who have contracted to carry it, and who wiah to employ thera, it would be unaafo to corarait to their hands the mail, when they could not themselves be witnesses against those who should -riolate that maU, ateal It, rob It, and coramit depre dations upon it." Mr. Lane (Rep.) of Indiana had voted, and would vote, against the measure. " I am proud," said Mr. Lane (Rep.) of Kansas, "that I represent a State, the people of which have inteUigence sufficient to elft aU testimony presented, and justice enough to receive the truth from the lips of individuals, without reference to color." Mr. Saulsbury (Dem.) of Delaware declared, " We are legislating against rea son, against our own race, by such enactraents as this." Mr. Sumner read a letter from Postmaster-General Gideon Granger to Senator Jackson of Georgia, to show that the " origin of the offensive legislation sought 370 COLOR NO DISQUALIFICATION, ETC. to be removed grew out of a proposition to suatain elavery." Mr. Powell denounced the bill aa " fanatical and radical legislation : " he demanded the yeas and nays, and they were ordered. Mr. Hendricks (Dem.) of Indiana was not "content to see a law passed by the Congreaa of the United States, placing the negro upon the platform of equality with the white race in the courts of the country, the sanctuary of our rights. Standing alone, the white race haa progreaaed for a thousand years, without a step backward. Standing alone, the negro race has gone downward and down ward for a thousand years." Mr. Harlan (Rep.) of Iowa Inquired of Mr. Hendricks, "if, in his opinion, riding in a publio conveyance with another cither creates or becomes evidence of social equality between the par tiea." — "I did not refer," replied Mr. Hendricks, "to any particular action of thia body ; but I referred to the general tendency of our prpceedlnga, giving nearly all the time pf the Senate to the cpnsideration of the in terests of the negro, but very Uttle of it to the white man." Mr. Powell proposed to amend the amendraent, ao that it would only apply to "casea for robbing or violating the mails." This limitation was opposed by Mr. Connesa (Union) of California, whoae purpoae waa " to receive teatlmony and proof from any aource that ia human." Mr, Johnson of Maryland regretted the introduction of the measure ; but, if adopted, he trusted it would be confined to free persons of color. The biU waa not ftirther conBidered, and ia pending in the Senate. 871 CHAPTER XXTTT. NO EXCLUSION EROM THE CARS ON ACCOUNT OF COLOR. ME. SUMNEE'S AMENDMENT. — EEM AEKS OF MB, SAULSBURY, MR. JOHNSON, ME. SUMNEE, MR, MOEEILL, MR. SUMNER'S AMENDMENT. — REMARKS OF MR, SHERMAN, MR. HENDRICKS, MR. WILLEY, ME. SUMNEE, ME, WIL SON, ME. TECMBULL, ME. SUMNEE, ME. WILSON, MR. GRIMES, MR. POW ELL. AMENDMENT AGREED TO. IN the Senate, on the 27th of Febraary, 1863, Mr. Sumner moved to amend the Houae blU to extend the charter of the Washington and Alexandria Rail road Corapany, by adding to the first section, " that no person shaU be excluded frora the cars on account of color." The yeas and nays were ordered ; and, being taken, reaulted — yeaa 19, naya 18, So the araend ment wae agreed to, waa concurred in by the Houae, and approved by the Preaident on the 3d of March, 1863. In the Senate, on the 16th of March, Mr. Sumner propoaed to amend the biU to incorporate the Metro poUtan Railroad Company by adding, " that there ehaU be no regulation excluding peraona from any car on account of color." Mr. Saulabury expreaaed his sur prise that there should be such a strong disposition manifested on the part of white men and the represen tativea of white raen to ride in the cara with negroea. "H'aa any gentleraan, any man who was born a gentle- 372 NO EXCLUSION FROM THE CARS man, or any man who haa the instincts of a gentleman, felt himself degraded by the fact that he waa not hon ored by a aeat by the side of some free negro? Haa any lady in the United Statea felt herself aggrieved from the fact that she was not honored with the company of Miss Dinah or Miss Chloe on board theae cars ? " Mr. Johnson, on the 17th, maintained, in reply to Mr. Sauls bury, that colored persons had a legal right to ride in the cars ; and, if excluded, they had the same righta aa ¦ white men to appeal for redreas to the courta : but whether a white man ia to ride in a car with black paaeengere, or whether a black man ia to ride in a car appropriated to white paaaengera, ia, a matter that he did not think touched any of the great iasues now before the country. Mr. Suraner agreed with Mr. Johnson, that " colored people have the legal right to enter the cars, and the proprietora are trespassers when they undertake to exclude them." Mr. CarlUe thought it better to leave the aubject to the courta, that are open alike to the white and the black man. Mr. DooUttle thought the amendment entirely unnecessary. Mr. MorriU replied in a speech of eloquence and power to Mr. Saulsbury. In reply to the remark of Mr. Saulsbury, that thia queation between the racea had better be left to the gentlemanly inatincta of the euperior race and to the principles of Christianity, Mr. MorrUl said, " Chris tianity is an inspiration of love and good-wiU to man, — purifying, elevating, emancipating; not a law of force, — binding, in thr ailing : " but, "under the influence of the gentlemanly instincts of the superior race, elavery haa come to be chferiahed, — cheriahed aa a benefaction to the race ; cherished aa a great aocial good ; ON ACCOUNT OF COLOR. 373 cherished as the corner-stone upon -which you are to rear Araerican institutions, — the corner-stone of civU and religious liberty." Tlie queation being taken on Mr. Suraner'a amendment, it waa agreed to, — yeae 19, naya 17. The House concurred, and the President approved the bUl. On the 21st of June, Mr. Suraner raoved to araend " the bill to araend the charter of the Washington and Georgetown RaUroad Company " by adding, " that there shall be no exclusion of any peraon from any car on account of color." Mr. Sherman thoujiht " the amendraent ought not to be adopted." Mr. Hendrick opposed the araendraent, because it tended to depreciate the value of investments raade on the faith of forraer legislation. Mr. Willey would vote against the araend ment. The Comraittee on the District of Colurabia, and the Senate, had deliberately decided that negroes "had the sarae right under the original charter to go into any car, aa white persons." — "I presurae," said Mr. Sum ner, " the senator wiU vote againat this proposition ; for he would not act naturally If he did not." — "He can ride with negroes if he sees proper," replied Mr. WUley ; " so may I : but, if I see proper not to do so, I shaU fol low my natural instincts, while he follows his." — "I shall vote for this amendraent," said Mr. Wilson ; "and my own observation convinces me that justice, not to say decency, requires that I should do so. Sorae weeks ago, I rode to the capital in one of theae cara. On the front part of the car, atanding with the driver, were, I think, five colored clergyraen of the Methodist-Episcopal Church, dressed like gentlemen^ and behaving like gen tlemen. These clergymen were riding with the driver on 82 374 NO EXCLUSION FROM THB CARS the front platform ; and Inside the car were two di-unkSn loafers, conducting and behaving themaelvea eo badly, that the conductor threatened to turn thera out." Mr. Trumbull denied that any right would be secured to the colored man by the amendment. "Thia proviaion," he aaid, " can give no additional right to the negro." Mr. Sumner said, "I alwaya regarded the WUmot Pro- viao, if the Conatitutlon were properly interpreted, aur- pluaagc : yet I never heaitated, in season and out of season, to vindicate it ; and I believe the senator never hesitated, in season and out of season, to do the aame. . . . And, on the same principle, I insiat that this proviso alao should be adopted." — "The senator from BUnois tells us," said Mr. WUson, " that the colored people have a legal right to ride in these cars now. We know It ; nobody doubts it : but thia company into which we breathed the breath of life outrages the rights of twenty- five thousand colored people In this District, in our pre sence, in defiance of our opinions. They may act according to their prejudices ; and I would not offend their prejudices, unless it were necessary to protect the rights of othera. I tell the senator from Illinois, that I care far more for the rights of the humblest black child that treads the aoil of the District of Colurabia than I do for the prejudices of this corporation, and. its frienda and patrona. The righta of the humblest colored man In the capital of thia Christian nation are dearer to me than the commendations or the thanks of all persona in the city of Washington who sanction this violation of the rights of a race. I give this vote, not to offend this corpora tion, not to offend anybody in the District of Columbia, but to protect the rights of the poor and the lowly. ON ACCOUNT OF COLOR. • 375 trodden under the heel of power. I trust we ahall pro tect rights, if we do it over prejudices and over Interests, until every raan in this country is fully protected in all the rights that belong to beings raade in the image of God. Let the free man of thia race be permitted to run the career of life ; to make of himself all that God in tended he should make, when he breathed into him the breath of life." Mr. Grimes desired to know if theae colored men would not be compelled to enforce their righta in the courta if the araendraent ehould paaa, and "the company goea on, and does exactly what it has been doing." — "The company," replied Mr. Sumner, " wUl not dare to continue this outrage in the face and eyes of a positive provision of statute." — "Poor, help less, and despised inferior race of white men," exclairaed Mr. Saulsbury, "you have very little intereat in thia Government ; you are not worth consideration in the legislation of the country : but let your sujierior. Sam bo's interests corae in question, and you will find the moat tender aolicitude in his behalf ! What a pity it ia there is not soraebody to lampblack white men, so that their rights could be .secured." Mr. Powell thought the senator from Maasachusetta should, " the next time one of hia Ethiopian frienda coraca to complain to hira on thia subject that he has been wronged and outraged, volunteer to bring an action in the courts, and teach this heartless corporation that they must treat these persons properly, and not deny them any of their legal rights. The aenator haa indicated to hia fanatical brethren — those people who meet in free-love societies, the old ladies, the sensation preachers, and those who live on fanaticism — that he haa offered it ; and I see 376 NO EXCLUSION PROM THE CARS, ETC. no reason why we should take up the time of the Senate eternally with squabbling over the senator's ainendments introducing the negro into every wood-pile that comea along." Mr. Sumner called for the yeaa and naya ; and they were ordered, and, being taken, reaulted — yeaa 14, naya 16. The bUl waa then reported to the Senate. Mr. Sumner renewed his amendraent ; and it was agreed to, — yeaa 17, naya 16. The House concurred in the araendment ; and the Washington and Georgeto-wn Railroad Corapany waa forbidden to exclude persona from their cara on account of color. 377 CHAPTER XXIV. AMENDMENT OF THE CONSTITUTION.— PINAL ACTION. SECOND SESSION OF CONGRESS, — PRESIDENT'S MESSAGE. — REMARKS BY ME. BROOKS, — MR, CRESWELL. — REMARKS EY MR. ASHLEY ON HIS MOTION TO RECONSIDER THE REJECTING VOTE. ,— BEMAEKS BY ME. ORTH. — MR. SCOFIELD, — MR. BLISS, — ME. EOGERS. — ME, DAVIS, — ME. TEAMAN. — MR. ODELL, — MR, KASSON. — MR. FERNANDO WOOD. — MR. KING. — MR. SMITHERS, — MR, HOLMAN. — MR. PENDLETON. — ME, JENCKES, — MR, ROLLINS, — MR, GARFIELD, — MR. STEVENS. — MR. BALDWIN, — MR, WASHBURNE. — ME. PATTEESON, — MR. FIKE. — MR. U'ALLISTER. — ME. HEEEICK. — MR. BROWN. — PERVIOUS QUESTION. — MOTION TO LAY THE MOTION TO RECONSIDER LOST. — RESOLUTION RECONSIDERED. — PASSAGE OF THE AMENDMENT. — VOTE RECEIVED WITH CHEEE8. ri^HE Second Session of the 38th Congreaa com- -*- menced on the Sth of December, 1865^1 The Preeident reminded that body, that important move ments had occurred during the year, " to the eff'ect of moulding society for durability In the Union ; " " that Maryland was secure to Hberty and Union for aU the future ; " and that the election, which was the voice of the people heard for the first time on the propoaed amendraent of the Conatitutlon aboliahing alavery, made it almoet certain that the next Congress would pass it. Withput questioning the wisdom or patriotism of those who stood in oppoaition to it at the last seaaion, he recommended the rcconsidcr.ation and passage of it now. Mr. Brooka of Ncw York took an early occa sion to controvert the antislavery and general pohcy 32* 378 AMENDMENT OP THE CONSTITUTION. embodied In the Meaaage. He waa aharply replied to by Mr. Price of Iowa, Mr. Myera and Mr. Stevens 'of Pennsylvania. Mr. CreawcU (Rep.) of Maryland, in committee of the whole on the Pieaident'a Meaaage, made a very elaborate, able, and effective speech in favor of universal emancipation. " The issue," he said, "is sharply defined between the rebellion and the United States. On the one side is disunion for the eake of elavery; on tlie other is freedom for the sake of the Union. . , , Whether we would or not, we must establish freedom. If we would exterminate treason." On the 6th of January, the House, on motion of Mr. Ashley (Rep.) pf Ohio, took up for consideration his raotion to reconsider the vote of the 15th of June, rejecting the antislavery amendment to the Constitu tion. Mr. Ashley opened the debate in an earneat appeal for the conaummatlon of the meaaure by the 38th Cpngreas. "Pasa this amendment," he said, "and the gloomy shadow of slavery wUl never again darken the fair fame of our country, or tarnish the glory of democratic institutiona in the land of Wash ington. Pass thia amendraent, and the brightest page in the history of the 38th Congreaa, now ao soon to close, will be the one on which is recorded the names of the requisite number of members voting in its faver. Refuse to pass it, and the saddest page in the history of the 38th Cengress will be the one on which is recprded its defeat." Mr. Ashley waa foUowed by Mr. Orth (Rep.) of Indiana, in advocacy of the reconalder- atlon of the rejecting vote, and the apeedy passage of the amendment. He declared that the American people hnd decreed that slavery is unfit to live ; that its ableat FINAL ACTION. 379 defenders cannot long shield it from Its inevitable doom ; that, if this Congress should not heed the pubUc voice, another Congress, fresh from the people, wiU obey their voice, and be rewarded with the gratitude of un told mUlions. Mr. Scofield (Rep.) of Pennsylvania spoke eloquently for early action. He emphatically declared, that " slavery in the end must die. It has coat the country too much suffering and too much pa triotic bipod, and ia in theory an inatitution too mon strous to be permitted to live." "The only queation ia, ehall it die now, by a conatitutional amendraent, — a single stroke of the axe, — or ehaU it Unger in party warfare, through a quarter or half a century of acri- monioua debate, patchwork legialatlon, and conflicting adjudication ? " In replying to the sharp personal criti- ciama of Mr. Scofield, Mr. Brooke of New York aa- serted, that the South waa aboliahing elavery when the abolition war coraraenced upon it thirty yeare ago ; that civil war, amid bloodshed and carnage, had hastened the abolition of slavery, but that " we had beceme the elaves, the thraUa, the bendraen of the capitalists of the North : for the eraancipation of the negroes of the South we have enslaved the white people of the North to everlasting debt." On the 7th, the debate was resumed by Mr. Bliss (Dem.) of Ohio, in opposition to the amendment. "The success of this proposition," he said, "would dash the cup of hope from the lips of a majority of the people of all the adhering States." He declared that " the pretence of a humanitarian motive towards the negroes amounts to nothing but a display of systematic and intense hjpocrisy ; " that " the best possible dispo- 880 AMENDMENT OP THH CONSTITUTION. sition of them is to restore them to their primal con dition." Mr. Rogers (Dem.) of New Jersey followed in opposition to the antislavery araendment of the Con atitutlon. " The history of our country wiU," he said, "in pages red with blood, record that this war was caused by the acts of the aboUtionists of the Nerth. ... I implpre yeu, in the name of truth, de not charge upon slavery the cauae of thie war. By the hietory of thia country, I charge that such men aa Wendell Phillipe, Horace Greeley, Lloyd Garriaon, and thoae in power, have been the promoters of thia war, and the blood of this nation rests upon them." Mr. Davis (Rep.) of New York had never understood, iu its full and perfect extent, the definition of civil liberty, until he Hstened to Mr. Rogers. By the com mentary of that gentleman, civil liberty consisted in the right of pne peeple tp enslave anether people to whom nature had given equal rights. " Slavery hag wrought too much of evil," he said, "it has shed too much of innocent blood, it has sent top many of out citizens, our brothers, our relatives, and friends to in hospitable graves, it has held its carnival of blood and death on too many battle-fields, for gentlemen from the free North to stand here as its advocates and defenders. . . . The American people, in their majesty and in their power, have decreed its absolute and perpetual annihUatlon." On the 9th, Mr. Yeaman of Kentucky opened the debate in a carefully elaborated and comprehensive speech In favor of immediate actien. He avpwed that the perpetuity ef slavery was net In issue. "That issue," he aaid, " waa made up four yeara ago, and the FINAL ACTION. 381 case has been decided againat the inatitution, one half the jury being its pwn frienda. Were we to do noth ing and say nothing, Mr. Davis and General Lee, Mr. Stephens and Mr. Seddon, Govemor Smith, Porcher MUes, and the Richmond press, would soon overturn slavery on their present line pf thought and conduct." Referring to the condition of his own State of Ken tucky, he declared that " eventa have taken the place of argumenta, and atern facta the place of doubtfid conclusiona. The dleturbing forcea are greater than we can control. Shall we manfully yield this one point, already of no practical value, or chUdlshly resist, and be overthrown with an institution whose fall ia literaUy crashing In our ears." Mr. OdeU (Dem.) of New York, who had voted fer the antislavery amend ment at the preceding session, made a temperate and weU-considered and effective appeal for the passage of the amendment. He confessed that " the error of yield ing to the elave-power of the South ia clearly eeen by the nation, and more keenly felt by the Democratic party ; " that, " If the party North had resisted this encroachment upon the religious belief and northern sentiment forced upon us by the South, the war now raging would never have been inaugurated ; " that " it would have been better far toi our country and the race, had we exerted our power and manhood at an earUer period in our history." He closed his speech by declaring that " slavery has been for years a dead weight upon the Deraocratic party ; " that it ought no longer to consent to be dragged down by its influence ; that it " ought to accept the facts of hiatory aa they are tran spiring around us, and march on with the world in ita 382 AMENDMENT OP THE CONSTITUTION. progress pf human events, — turn its back uppn the dark part, and its eyes upon the bright future." Mr. Ward (Dem.) of New York insisted, that Con gress had no right to incorporate the proposed amend ment into the Censtitutlpn ; that, if the right existed, it waa a most injudlcipus time for the exercise of the power, when it would add fuel to the flame, embitter the South, and prolong the sanguinary contest. Mr. Mallory (Dem.) of Kentucky thought its adoption would multiply and complicate the difficulties in rela^- tion to slavery. "Such an act," said Mr. Voorheea (Dem.) of Indiana, "should npt be cpnaummated amid the fiery passions and vehement hates engendered by civil war. It shpuld be the werk of calmness and of peace. It is to last for aU time. When the sky ahall again be clear over our heads, a peaceful aun Illumina ting the land, and our great household of States all at home in harraony once more, then wiU be the time to consider what changes, if any, this generation desiree to make on the work of Washington, Madison, and the revered sages of our antiquity." Mr. Clay (Dem.) of Kentucky bitterly denounced the emancipation policy of the administratipn. Himself a large slave-holder, and the representative of the great slave-heldlng inter ests of central Kentucky, Mr. Clay saw with appre hension and dread the rapid progress of antislavery ideas ; and he feelingly oppoaed to the adoption . of meaaurea of emancipation a determined though unavaU ing reaistance. The debate was resumed on the 10th, by Mr. Kaasen (Rep.) of Iowa, in a temperate, earnest, and effective epeech. "I had rather stand scUtary," he said, "with FINAL ACTION. 383 my name recorded for this amendment, with the hope of justice twenty yeara hence, than to have aU the honora which could be heaped upon me by any political party in opposition to this doctrine." Addressing him self to the Democratic side of the house, he said, " If you desire peace and harraony, you will give the people of the North and of the South an opportunity to estab lish harraonious relations by the expression of legitiraate majoritiee upon thia question. If you desire perpetual discord and war, then you wiU refuse them the oppor tunity, and corapel the perpetuation of this institution, with bloodshed without end in the future, and disunion without end in the present." Mr. Fernando Wood (Dem.) of New York declared, that " the Almighty has fiixed the distinction of the races ; the Almighty has made the black man inferior ; the condition of domestic servitude as existing in the Southern States ia the higheet condition of which the African race is capable ; and, when compared with their original condition on the continent from which they came, ia superior in all the -elements of civiUzation, phUanthropy, and humanity." Mr. Eldridge (Dem.) of Wisconsin believed the adop tion of the amendment " would fiirnish the rebel leaders another argument by which to win the doubting and to arouse the lukewarm." Mr. King (Dera.) of Mis souri, who had voted against the amendment, now made an elaborate and able argument for its adoption ; cloaing with the expreasion of the hope, that, " from the bloody ordeal and fierce chaatening of the paat four yeara, our glorioua nation may atUl brave the trials yet to come, and that ere long we shaU enter the sunshine of peace, and stand before the world a free, united. 384 AMENDMENT OP THE CONSTITUTION. and happy people." Mr. Grinnell (Rep.) of Iowa would vote for the amendment, " because It is a measure of justice to mllUona In chaina, to hundreds pf thou sands fighting our battles." Mr. Farnswprth (Rep.) of Illinois thanked Ged that he had " the privUege of standing up here, and advpcating tills amendment." Mr. McBride (Rep.) of Oregon declared that alavery had filled the land "with broil, with hate, with inteatine coraraotion and irreconcilable discord. . . . Long enough liaa it debauched and deadened the conscience of the people ; long enough haa it allocked humanity and defied Heaven by ita violations of every principle of truth and morality ; and now, having filled up ita cup of crime and villany by a treaaon so rank and foul as to shame aU hiatoric example and all criminal paraUel, we, who hold the malefactor in our grip, owe it to humanity, to juatice, to ouraelves, and the world, to strangle the guilty monster." The debate was resumed, on the llth, by Mr. C. A. White (Dem.) of Ohio in ppppsltipn. He expressed tlie belief, that if we fprced the rebels tP enlist their three mUliou elavee Into their armies, with the promise of freedom for their service, that slavery would be de- Btroyed and the annihUation of slavery by such means would spund the death-knell pf the Union for ever. Mr. Smithers (Rep.) of Delaware, referring to <;he early antislavery sentiment of hia State, said it .was "unneceaaary to recur to aubaequent events to ac count for the apparent decline of the antislavery Bcn- tlment of Delaware. In the general abandonment of their manhood by the frienda of liberty through out the whole country we participated, and the hand FINAL ACTION. 385 of freedom went back upon the dial. Again it ia moving forward, and ia fast upon the hour of noon." He " was aaaured, that of those who did not support hira, there were hundreds, perhaps thousands, who wUl hail with joy the accomplishment of this great measure of justice, tranquillity and security." Mr. Townsend (Dem.) of New York would not chfinge ' the organic law in times of civU war, Mr. Hol man (Dem.) of Indiana believed the fate of slavery sealed : it dies by the rebellious hand of ita vota- riee ; ita fate ia determined by the war, by the raeasurea of the war, by the results of the war, — therefore he opposed the amendment as unnecessary, a dangeroua precedent without a benefit. Mr. Cravena (Dem.) of Indiana apoke briefly in opposition to the passage of the resolution. Mr. BroomaU (Rep.) of PennsyMinia hoped that "the next Preaident of the United Statea will be inaugurated over a Republic wholly free, and wholly devoted to the civil and reUgioua liberty of all the people within Ita borders." Mr. Pendleton of Ohio, the candidate of the Democracy for the Vice-!]^residency in 1864, denied the power of three-fourths of the States to paaa thia amendment. He could not go beyond this question of power, and should therefore confine himaelf to ita conaideration. In closing his argument, he de clared that " the time is fast passing away, when, under the influence of your policy and your legislation, the Southern people will have the least interest in your laws. Your legislation has tumed to aehee the golden fruita of your tnUItary auccesses. Your policy haa veri fied the alleged causea of aeceasion. Gentlemen must not be misled by the ayren voicea that come up to them 83 386 AMENDMENT OP THE CONSTITUTION. from captured cities of the South. They woo you but to ruin. If you misunderstand them, they wUl lead you as willing victims upon qulckaanda and rocka." Mr. Jenckea (Rep.) of Rhode Island thought Mr, Pendleton had improved upon the school of his maater, who Ippked upen a aevered and divided Unien as " a cpmpact pf Statea." He had dealgnated the natien " a corapact of confederation." Mr. Jenckea aaid " it waa a miause of language, in this age of the world, to charge ua with abuae of power, when we place ourBclvea in the direct line of the eternal forcea acting out God'a justice upon earth. ... In this contest, slavery com menced the fight ; It chose its own battle-field ; it has fought its battle, and it ia dead. In the com-ac of our victorioua march, that battle-field haa come iuto our pos session, and the coqise of our dead enemy is upon it. Let us bury it quickly, and -with aa little ceremony aa possible, that the foyl odor of ita rotting carcass may no longer pffend ua and the wprld." On the 12th, Mr. Smith (Rep.) of Kentucky main tained the prpposition, that " it is the duty of the Ameri can Congress, under the present circumstances, to sub mit this amendment to the people, and that it is the duty of the people to adopt it ; becauae it waa this iso lated subject of slavei-y that produced the revolution or the rebellion ; and only by getting rid of thia subject can we give permanent peace and tranquillity to the land." Mr. Cox (Dem.) of Ohio aaserted the right to adopt the amendment, but denied its expediency. " Slavery ia to me," he aaid, "the most repugnant of all human institutions. No man alive should hold me in slavery ; and, if it is my businesa, no man with my consent shaU FINAL ACTION. 387 hold another." Mr. Woodbridge (Rep.) of Vermont declared, that " the blood of the nation and the teara of the widow call for the passage of this resolution." Mr. •Thayer (Rep.) of Pennsylvania regretted that Mr. Pen dleton, in sustaining hia views with regard to the un constitutionaUty of the proposed amendment, should be driven to re-assert that old and fast-dying feeling, " that the Constitution is not a Constitution for the people, but a league between States. That heresy leads into the bloody slough of secession." On the 13th, Mr. RoUins (Dem.) of Misaouri ad dreaaed the Houae for more than two houra, in a apeech of much eloquence and power, in favor of the paaaage of the resolution. He had voted againat It ; but he now believed ita adoption " would go far to atrengthen the Government, by preventing future dissension and ce- rrfenting the bonda of the Union, on the preservation of which depends our strength, our security, our safety, our h.appineas, and the continued existence of free institutions on the Araerican continent." Mr. Garfield (Rep.) of Ohio Invoked the House "in the narae of justice, in the name of the Republic, to hold not back the upUfted sword now drawn to strike the final blow." Mr. Stevena (Rep. ) of Pennsylvania replied to the per sonal aUusiona of Mr. Pendleton, in a brief apeech of rare power and beauty. In earliest youth he had been taught to revere the sublime principles of the Declara tion of Independence. He found in the Imraortal language of the great men of antiquity one unanimous denunciation of tyranny and slavery, and eulogy of liberty. Hia hatred of the infernal institution, and his love of liberty, were inflamed by the inepired teachlnga 388 AMENDMENT OP THE CONSTITUTION. of Socrates, and the divine inspirations of Jesua : this feeling grew with his growth, and strengthened with his strength ; but, he thanked God, it had not decayed with enfeebling age. He waa willing to take hia chance vrith Mr. Pendleton, "when we all moulder in the dust. He may have hia epitaph written, if it be truly v^i-itten, ' Here reats the ableat and moat pertinacioue defender of slavery, and opponent of liberty ; ' and I wUl be eat- iafied if my epitaph ehall be written thua : ' Here Ilea one who never rose tP any eminence, and who only courted the low ambition to have it said, that he had striven to amellpi-ate the cendition of the poor, the lowly, the down-trodden of every race and language and color.' [Applause.] I ehall be content, with such a eulogy on his lofty tomb and such an inscription on my humble grave, to trust pur memprlea tP the judgment pf after-ages," — "The Slave ppwer," said Mr, Baldwin (Rep,) of MassachuBetts, " has bred traitors as natur ally ae foul vapore breed dieeaae, or aa a den of thieves breeds vUlany. Any compromise with it would neces sarily become to ua ' the mother of woe and death and hell.' Let it be deetroyed ; for our republican institu tiona cannot be eafe wiiile it exists 1 Let it be destroyed, that the rights of man may be vindicated, and eternal juatice satlafied." The debate waa reaumed on the 28th, by Mr. Higby (Rep.) of CaHfornia. "There is," he declared, "no domestic tranquiUity now, and there never wUl be while this institution remains in the land." Mr. Finck (Dem.) of Ohio opposed the resolution, "because it wUl not tend to suppress the rebeUion and restore the Union, but wiU protract the war." Mr, Washburne (Rep.) of FINAL ACTION. 389 IIHnois paid a tribute of respect to those Deraocratic merabers of the Legislature of his State who voted " to wipe out the institution of alavery, ao wicked and infer nal in itaelf, and which has brought such untold aorrowa upon the nation." Mr. Cole (Rep.) of California, and Mr. Starr (Rep.) of New Jeraey, briefly addreaaed the House in advocacy of the amendment. "The enact ment," said Mr. Pattereon (Rep.) of New Hampehire, " which reducee an accountable being, however humble and degraded, to the condition of a chattel, thataubjects him to unrequited toU and hopeleaa ignorance, that multipliea men for the market oblivioua of domestic ties, and presses the cup of mixed and meaaureless woe to the lipa of helpless women and innocent chUdren, ¦srithout pity and without reraorse, has no force as law. I diffidently, but fearlessly, deny, upon this floor, that a,ny assembly of human law-makers ever poeaeased the powcr to create a right of property in raan which we, aa men, or citizena of the Republic, are bound to reapect. Why, sir, the hurableat daughter of aorrow that ever crouched beneath the laah of the task-master, lifting her fervent prayer to that Judge ' whom no king can corrupt,' appeals to a tribunal before which the trembling alave atanda the peer of her proud maater, whoae pleasure is the price of her shame, and who eats bread in the sweat of her brow." Mr. Morris (Rep.) of New York believed, " before God, the hour has come in which, if we should avert the judgments of Heaven and save our nation from ruin, we muat render our organic Law explicitly affirmative on the great queation of human slavery." Mr. Pike (Rep.) of Maine de clared, that the slave system ahould be eradicated with- 33* 390 ' AMENDMENT OP THE CONSTITUTION. out delay, and no vestige be left to offend God or curse man." On Tuesday, the 37 th of January, 1865, Mr. Ashley took the floor to close the debate, but yielded it to Mr. M'AUister (Dem.) of Pennsylvania. He had voted against the amendment ; but he now declared, that, in vpting fpr it, " I cast my vote against tlie corner-stone of the Southem Confederacy, and declare eternal war against the enemies of my country." This emphatic avowal was received with rapturous applause by the Republican side of the Hpuse. Mr. Cpffroth (Dem.) of Pennsylvania had voted against the amendment on the 15th of June; now he should vote for it. Above all things, he desired that the Democratic party should be again placed in power. Slavery had been a fruitful theme for the enemiea of Democracy, and he would remove from the political arena that which has given them life and strength. " If by my action to dfiy," he said, "I dig my political grave, I will descend into It without a murmur ; knowing that I am justified in my action by a conscientious belief I am doing what will ultimately prove to be a service to my country, and knowing there is one dear, devoted, and loved being in thia wide world who will not bring tears of bitterness to that grave, but will strew It vrith flowers." Mr. Miller (Dem.) of Pennsylvania rose aimply for the purpoae of repudiating the eentimenta and poaitiona of hia two colleaguea. Mr. Herrick (Dem.) of New York, at the last aes- eion, had voted against this resolution from a solemn conviction of duty. Pie now approached ita discussion with quite altered views as to Ita expediency. " I shall FINAL ACTION. 391 now vote," he eaid, "for the resolution, as I formerly voted against It, because I think auch action on my part is beat calculated to aasist in the maintenance ofthe Gov ernment, the preservation ofthe Union, and the perpet uation of the free institutiona which we inherited frora our fathera. I may incur the censure of aome of my party friends on thia floor, and perhapa displease aome of my respected constituenta ; but to me the country of my birth, and the Government under whose benign pro tection I have enjoyed all the blessings of liberty, and under which, restored to raore than aU ita original splendor, and strengthened and purified by the triale through which it haa paased, I expect my children's chUdren to enjpy the same blessinga leng after my mortal frarae shaU have mouldered Into duat, ie dearer to me than friends or party or political position. Firm in the conaciousness of right, I know that poaterity will do me juatice, and feel that no deacendant of mine wIU ever bluah at the eight of the page on which my vote ia recprded in favor of country, government, Ub erty, and progress." Mr. Brown (Dem.) of Wiscon sin suggested an amendinent making hereafter free all persons sold or transferred to another, all females, and all persons after the first day of January, 1880, with compensation for direct damage to loyal owners. Mr. Harding (Dem.) of Kentucky denied the power of amendment to abolish or establish slavery ; there was "danger that the Constitution, after all that has been done and suffered to preserve it, may at last sink and perish by the hand of revolution in the North." Mr. Kalbfleisch (Dem.) of New York spoke at much length against the amendraent, amid manifestations of impa tience. 392 AMENDMENT OP THE CONSTITUTION. Mr. Ashley then moved the previoua question upon Ills motion to reconaider the vote rejecting, at the laat Bcaaion, the Antlalavery Araendment. Mr. Stilea (Dem.) of Pennaylvania moved to lay the motion to reconsider on the table, — yeaa 57, nays. 111. The question being on Mr. Ashley's motion to reconsider, Mr. Ancona (Dera.) of Pennsylvania demanded the yeaa and naya, and they were ordered. The question on reconaideration waa carried, — yeas 112, nays, 57. The question recurring on the passage of the joint resolution, Mr, Ashley demanded the previoua question, and~ It was ordered. On motion of Mr. Dawson (Dem.) of Pennaylvania, the yeaa and nays were ordered on the final paaaage of the joint resolution ; and, being taken, resulted, — yeaa 119, naya 56, not voting 8, — aa foUowa : — Yeas. — Messrs. AUey, Allison, Ames, Anderson, Amold, Ashley, Baily, Augustus C. Baldwin, John D, Baldwin, Baxter, Bcamau, Blaine, Blair, Blow, Boutwell, Boyd, Brandegee, BroomaU, WiUiam G, Brown, Ambrose W. Clark, Freeman Clarke, Cobb, Coffroth, Cole, Colfax, Creswell, Henry Winter Davis, Tliomas T. Davis, Dawes, Deming, Dixon, Donnelly, Driggs, Dumont, Eckley, Eliot, English, Farnsworth, Frank, Ganson, Garfield, Gooch, Grinnell, Gris wold, Hale, Herrick, Higby, Hooper, Hotchkiss, Asahel W, Hubbard, John H, Hubbard, Hulburd, Hutchins, IngersoU, Jenckes, Julian, ICasson, Kelley, Francis W. KeUogg, Orlando KeUogg, King, Kuox, Littlejohn, Loan, Longyear, Marvin, M'AUister, M'Bride, M'Clurg, M'Indoe, Samuel F. Miller, Moorhead, Morrill, Daniel Morris, Amos Myers, Leonard Myers, Nelson, Norton, OdeU, Charles O'NeiU, Orth, Patterson, Perham, Pike, Pomeroy, Price, Radford, WilUam H. Ran dall, Alexander H, Rice, Jolm H, Rice, Edward H, RoUins, James S. EoUins, Schenck, Scofield, Shannon, Sloan, Smith, Smithers, Spald ing, Starr, John B, Steele, Stevens, Thayer, Thomas, Tracy, Upson, Van Valkenburgh, Elihu B, Washburne, William B. Washbum, Web ster, Whaley, Wheeler, WilUams, Wilder, AVilson, Windom, Wood- bridge, Worthington, and Yeaman, — 119. FINAL ACTION. 893 Nats, — Messrs. James C. Allen, WiUiam J. Allen, Ancona, Bliss, Brooks, James S. Brown, Chanler, Clay, Cox, Cravens, -Dawson, Denison, Eden, Edgerton, Eldridge, Finck, Grider, HaU, Harding, Harrington, Benjamin G. Harris, Charles M, Harris, Holman, PhiUp Johnson, WiUiam Johnson, Kalbfleisch, Kernan, Knapp, Law, Long, Mallory, WiUiam H. Miller, James R. Morris, Morrison, Noble, John O'NeUl, Pendleton, Perry, Pmyn, Samuel J. Randall, Robinson, Ross, Scott, WUUam G. St«ele, Stiles, Strouse, Stnart, Sweat, Townsend, Wadsworth, Ward, ChUton A. White, Joseph W. White, Winfleld, Benjamin Wood, and Fernando Wood, — 5(5. Noi Voting. — Messrs. Lazear, Le Blond, Marcy, M'Dowell, M'Kinney, Middleton, Rogers, and Voorhees, — 8. '^_Jfotice had been previously given, by Mr. Ashley, that the vote would be taken on that day. The nation, realizing the transcendent magnitude of the iasue, awaited the result with profound anxiety. The galle ries, and the avenues leading to them, were early thronged by a dense mass intensely anxious to witness the scene. Senatora, Cabinet officere, Judgee of the Supreme Court, and even strangers, crowding on to the floor ofthe House, watched its proceedinga with abaorb- ing Intereat. During the roll-call, the vote of Speaker Colfax, and the votea of Mr. English, Mr. Ganson, and Mr. Baldwin, which assured success, -were warraly applauded by the Republican aide. And when the Speaker declared, that, the conatitutional majority of two-thirda having voted in the affirmative, the joint reaolution waa paaaed, the announceraent waa received by the House and the apectatora on the floor with a wild outburat of enthuaiastic applause. The Eepublican merabers instantly sprang to their feet, and applauded with cheers and clapping of handa. The apectatore in the crowded galleries waved their hats, and made the chamber ring with enthusiastic plaudits. Hundreds 394 AMENDMENT OP THE CONSTITUTION. of ladies, gracing the galleries with their presence, rose in their seata ; and, by waving their handkerchlefa, and participating in the general demonstrations of enthusi asm, added to the Intense excitement and interest of a scene that will leng be remembered by these whe were fertunate eneugh to witness it. For several minutes, the friends of thia crowning act of emancipation gave themselves up to congratulations and demonstrations of public joy. "In honor," eaid Mr. Ingersoll (Rep.) of Illinois, "of this immortal and sublime event, I move that the House adjourn." The Speaker declared the motion carried ; and then, again, cheering and de monstrations of applause were renewed. Mr. Harris (Dem.) of Maryland demanded tho yeas and nays, on adjournment, — yeas 121, naye 24. So the House adjourned, having on that day passed a meaaure, which, if consummated, will make slavery fer ever imppssible in the Republic of the United States. 895 CHAPTER XXV. TO MAKE FREE THE WIVE'S AND CHILDREN OP COL ORED SOLDIERS. — FINAL ACTION. MB. wn,soN's joint resoldtion to make wives and cbildben fbee. — REPORTED BACK BT THE MILITAEY COMMITTEE. — MOTION BT MB. DAVIS TO REFER IT TO JUDIOIART OOMMITTEE. — REMARKS .OP MR. WILKINSON. — MR. WILSON. — ME, HENDRICKS, — MR. POWELL. — MR. DAVIS, — MOTION TO EEPER LOST, — BEMARKS OF MB, DOOLITTLE. — ME. SAULSBURY. — ME, SUMNEE. — MR, CLARK, — MR, POMEROT. — MR, WADE, — MR, JOHNSON, — MR, POWELL'S AJIBNDMENT. — MR, DA VIS'S AMENDMENT REJECTED. — REMARKS BT MR, TRUMBULL. — PAS SAGE OF THE JOINT RESOLUTION. — RESOLUTION EEPORTED FROM THB HOPSE JUDICIAET COMMITTEE, — EEMARKS OP MR. WILSON. — MR. HARRIS, — MR. MALLOET. — PASSAGE OF THE EESOLUTION. — APPROV AL BT THE PRESIDENT. ON the 13th of December, 1864, Mr. WUaon (Rep.) of Massachusetts introduced a joint resolution to encourage enUstraents, and promote the efficiency of the military and naval forces, by makuig free the wives and chUdren of peraona who had been in, or who might be mustered into, the serrice of the United Statea. The reaolution was referred to the Committee on Military Affaira, and was, on the 14th, reported back to the Senate by Mr. WUson vrithout amendment. On the 19th, the Senate, on motion^of Mr. Wilson, prpceeded tP the consideration of the reaolution. Mr. Davia (Dera.) of Kentucky moved ite reference to the Judiciary Committee. Mr. Wilkinson (Rep.) of Min neaota hop^d it would not be referred, — " the resolu tion ought to be passed immediately." Mr. Wilaon 396 TO FREE THE WIVES AND CHILDREN OF hoped the resolution would not be referred to any com mittee. " The needa of the country," he aaid, " more than justice or huraanity, have weaponed the hand of the alave. . . . Whenever the slave enUsta, he is a free man for evermore ; and thousanda of them have en liated aince we passed that beneficent act. ... It is estimated that from eeventy-five to one hundred thou sand wivee and children of theae aoldiera are now held , in alavery. It is a burning sharae to this country ; it is an indecency for the Araerican people to hold in alav ery the wivea and the children of men who are perU- llng their Uvea before the rebel legions. . . . Wasting diaeaaea, weary marches, and bloody battles, are decima^ ting our armiea. The country necda aoldiera, — must have soldiers. Let the Senate, then, act now. Let ua haaten the enactment of thia beneficent measure, in spired by patriotism and hallowed by justice and hu manity ; so that, ere merry Christmas shall come, the intelligence shall be flashed over the land, to cheer the hearts of the nation's defendera and arouae the man hood of the bondman, that, on the forehead of the soldier's wife and the eoldler'e child no man can write 'alave.'" Mr. Hendricka (Dem.) of Indiana would have the reaolutipn gp tp the Judiciary Committee. He was "not able to see how, under the Conatltution of the United States, Congreaa can free the eervant who ia held to eervlce by the lawa of a State." Mr. Powell (Dem.) of Kentucky thought the resolution waa " pal pably unconatitutional." " Senators," he exclaimed, "if you pass thia measure, you wUl have to do it by walk ing over the plain provisions of the Constitution of your cpuntry." COLORED SOLDIERS. 397 On the 20th, the Senate reaumed the consideration of the resolution. Mr. Davis (Dem.) of Kentucky declared, that " the great and principal effect of this res olution would be in Kentucky, and upon her people : I presume it is so intended. . . . The object is to deprive slave ownera of their property ; it is stUl further to de moralize the institution ; it is to break it up, per fas aut nefas ; it la utterly to dlaregard the Conatitutlon and the laws which secure, equally with every other, this de scription of property to their ownera, and trample them under foot, lawleasly, unjustly, without answering any wise policy of the Government, and utterly to destroy elave property." The Senate, on the 5th of January, 1865, resumed the consideration of the resolution. The pending ques tion being the motion of Mr. Davis to refer it to the Judiciary Committee, Mr. Wilson demanded the yeas and nays ; and they were ordered. Mr. Doolittle (Rep.) of Wisconsin beUeved "the proposition to amend the Constitution would triumph in Congress and in three- fourths of the States ; and, when that is done, this great question, the cause of all our trouble, — the question which, like sin, has brought into this our paradise 'death and aU our woe,' covering the land with blood and ashes, — wiU be finally settled, and settled for ever, by the supreme judgment of the Araerican people. Doubt ing the constitutionaUty of the measure, he would vote tP refer it to the Judiciary Committee." Mr. Saulsbury (Dem.) of Delaware would "maintain the doctrine, that not only have you not the powcr to decree the freedom of wives and children of negroes who volun teer in your army, if they are frora States where slavery 84 398 TO FREE TIIE WIVES AND CHILDREN OF is recognized ; but you cannot give permanent freedom to the negro volunteer hiraself, if he be a slave." — "All must confess," aaid Mr. Sumner (Rep.) of Massachu eetts, " the humanity of the proposition to enfranchise the families of colored persona who have borne arma for their country. All must cpnfess the hardship of continuing them in slavery. . . . But every argument, every consideratipn, which pleads for the enfranchise ment of the slave, pleads alao for the enfranchisement of the family. There ia the earae practical neceasity for doing it, and the same unutterable .ahabblneaa in not doing it, . . . There ia a well-known French maxim, that ' it Is only the first step which coata,' — ce n'est que le premier pas qui coute; and on thia occaalon, per mit me to say, it is only the first stage of the argument which raerits attention. Concede that the soldier may be enfranchised, and it follows that by the aame conati tutional power hia family may be admitted to an equal liberty. Any other conclualon would be aa illogical aa inhuraan ; discreditable alike to the head and the heart. There is no argument, whether of reaaon or of human ity, for the enfranchiaeraent of the aoldier, which does not plead equally for that of his faraily. Nay, more : I know not how we can expect p, bleasing on our arms, whUe we faU to perform this duty." Mr. Saulabury deaired the postponement of the question untU the next day. Mr. WUaon would consent to the poatponement after the vote ahould be taken on the motion of Mr. Davia to refer to the Judiciary Committee. The quea tion waa then taken on the motion to refer ; and it waa loat, — yeaa 15, naya 19. On the 9th, the Senate proceeded to the consideration COLORED SOLDIERS. 399 of the reaolution, and Mr. Saulabury made an elaborate speech againat Its passage. Mr. Davis moved to amend the resolution so as to make Its operation proepective. He avowed hie intention to vote againet the meaeure, even if his araendment should be agreed to. Mr. Clark (Rep.) of New Harapshire hoped Mr. Davia'a araend ment " would not be agreed to, and that we ahall not only aet free the wivea and children of aoldiera who may hereafter be enlisted, but the wives and children of those who have already gone into the service of the country." — " This is the first time," aaid Mr. Davia, " I have ever ventured to utter a voice in the name of humanity in the Senate ; but in the nara6 of humanity, — humanity to a degraded and helpleaa race of beings who are unable to eupport themaelvea, — I proteat that they ehaU not be deprived of the eupport which their maeters and o-wnere are bound by the laws to aflTord to them, and that they ahaU not be thrown helpless upon the world, without any means of supporting them selves." — "I have noticed," eaid Mr. Pomeroy (Rep.) of Kansas, " that men who are arguing in the interest of slavery always reeiet emancipation untU the very laat moment ; and then, when the moment comes, they say it would be a great relief to the owners of this property to get rid of it, that it cannot take care of itaelf, and humanity comee in and pleade that eorae appropriation may be made to eupport thie claaa of individuala, who are ao helpleee and eo inefficient and eo worthlesB. . . . But I have seen the effect of abolishing slavery in this District, and on the borders of Missouri, where I live ; and I have not yet seen any neceaaity ariaing for any public appropriation to take 400 TO FREE THE WIVES AND CHILDREN OP care of any paupers that were the result pf emanci pation. These people have a wonderful facility for taking care of themselves, and adapting themaelvea to any condition." Mr. Hendricka (Dem.) of Indiana could find np authprity in the Censtltutlpn tP disturb the State laws that recog-nize the relation of master and servant. Mr. Wade (Rep.) of Ohio followed in an earnest and effec tive speech in favor of the immediate passage of the measure. He had been In Kentucky, and knew that " the great objection everywhere ia, that the negro wUl not enliat unleas you free hia wife and children. . . . I wUl state, in connection with tliis subject, that I visited Camp Nelson last summer. General Burbridge was the commanding officer. I rode there with Gen eral Burbridge from Lexington, in order to see a review that waa about to take place there ; and a eight greeted me euch aa I never beheld In the world, and hope I never shaU again. Aa aoon aa I had arrived in the camp, we had ecarcely alighted from the carriage, before a colored woman, whom I should euppoee to be thirty yeara of age, appeared before ua, all bruiaed to piecea. Her face waa aU whipped to a jelly. She had a child with her, which ehe eaid waa twelve yeara old ; one of whoae eyea had been gouged out, and the other attempted to be, as they stated, by their mistress, the father being in the army. Her head wae all cut to pieces by what appeared to be a sharp instrument ; hev skuU was laid bare almost, and her back perfectly mangled by the torture to which she had been sub jected. All this waa done, as we were informed, be cause her husband had enUsted in the army of the COLORED SOLDIERS. 401 United States ; and ehe and her chUd were compeUed to flee to this camp the best way they could, in that con dition. And yet gentlemen etand up here, and taUi about constitutional law in exculpation of such infernal acts as these I Sir, I tell you that slavery is an organ ized rebel, and you can have no peace as long as that relation exista in the United Statea ; and, aa God ia my judge, I hope you vrill have no peace untU you aboUsh it. I ask for no peace untU slavery ia extinct in theae United Statea." Mr. Johnaon of Maryland could not vote for the reaolution, becauae he waa fiiUy under the irapreeaion that Congreaa had no authority to paae It. Mr. WUaon eaid, that Mr. Davis, when he declares that we ehall turn poor wives and cliUdren out on the world without support, " forgets that we pay the husband and father eixteen doUars a month to eupport his wife and his chil dren. We clothe and feed the colored soldier, >and we pay him sixteen dollars a month, and with that pay ho can support wife and chUdren. Make them free, and not only will his wagee go to their support, but the labor of their own hands wUl go to their support. Therefore, sir, the question of humanity raised by the senator from Kentucky disappears in view of the facts." The amendment moved by Mr. Davis was then rejected -without a count. Mr. PoweU (Dem.) of Kentucky then moved, "That no slave shaU be emancipated by virtue of this reaolution, untU the owner of the elave or slavea eo emancipated ehall be paid a juet compenaa tion." Mr. PoweU then addressed the Senate in favor of this araendraent, and in oppoaition to the paaaage of the resolution in any form. He declared that " those who 84* 402 TO FREE THE -WTIVES AND CHILDREN OP look upon African alavery aa the cause of the war are greatly, eadly mistaken. That is but the disterapered, fanatical idea of those who had ' negro on the brain ; ' who thought of nothing else; who spoke of nothing else ; who had up pther political capital tP build uppn. They are the men who got up that twaddle ; men who were preminent ameng the old maiden ladies who get up Bpcieties, and those white-cravated creatures who go about, and, inatead of preaching Chriat crucified, preach Sambo in chaina." He cloaed hia apeech by demanding the yeaa and naye on hia amendment, and they were ordered ; and, being taken, resulted, — yeas 7, nays 30. Mr. Saulsbury then moved tp amend the resolution by adding, that ite proviaipna " shall not apply to or be operative in any State that haa not assumed to secede from the Union;" but this amendment was rejected. The resolution was then reported to the Senate, and Mr. Davis renewed hia amendment to make its oper ation prospective. Mr. CarUle (Dem.) of Virginia denied "all power to put a negro, the property of his master, into the serrice of the United States in any capacity, with the power to liberate him." The ques tion waa then taken by yeaa and naya on Mr. Davia'a amendment, and it -was rejected, — yeas 6, nays 32. Mr. Powell demanded the yeaa and naya on the passage of the reaolution, and they were ordered. "I can agree," eaid Mr. Trambull (Rep.) of Blinoia, "with all the appeals which may be made for humanity's sake in favor of thia meaaure. Sir, if my vote and voice could do it, and I could utter the word pr give the vote consistently with the oath which before Heaven I have taken, I would free, as I have said, every human being COLORED SOLDIERS. 403 upon God'a earth. Believing, however, that we have not the power to paaa euch a law, with the greateat desire on my part to pasa it If we had the power, hold ing myaelf bound by the Constitution which I have sworn to support, beUeving that there can be no gen uine liberty except Hberty regulated by law, believing that we can have no govemment worth preaerving unleaa we etand by the Conatitutlon aa it is tiU we change it in a constitutional mode, I muet vote against the paaaage of thia joint resolution." The question on tbe passage of the resolution was then taken, — yeaa 27, nays 10 ; so the joint resolution to make free the wivea and chUdren of colored aoldiera received the aanc tion of the Senate of the United States. In the HSuae of Repreaentativea, the resolution -was referred to the Committee on the Judiciary. On the 22d of February, Mr. WUson (Rep. ) of Iowa reported it without amendment. " Does the gentleman believe," inquired Mr. MaUory (Dem.) of Kentucky, "that Congrees has the Constitutional power to pass such a law?" — "I have always beUeved," repUed Mr. WUson, " that the Congress of the United Statea, in time of war, when it waa necessary to make our population most effective for the purposes of war, haa the power ; and hae the power to liberate elaves by congressional enact ment." Mr. Harris (Dem.) of Maryland was. fully convinced that this measure waa presented and pressed, not to get eoldiers ; but " it ia for the purpose, and that only, of interfering with and aboUehlng the inatitution called alavery." Mr. Wilaon would tell the gentleman the purpoae of this act. " To-day, in the forefront of your army, are thousanda of colored men risking 404 FINAL ACTION. every thing for the salvation of this Republic. Upon the fields once cursed by slavery, resounding with the clank of the slave's chains and the crack of the over- eeer'a whip, now tread the colored soldiers of the Republic, under the ensign of the nation, striking sturdy blows for freedom and free government. And, sir, this Republic cannot afford to disgrace itself in the eyea of the civilized world by sending these men out to fight ita battlea, and chaining at home their wivea and children in that bondage which ia worse than death. It would be a diagrace never to be wiped from the face of this nation, if we should permit this -wrong to con tinue." Mr. Mallory (Dem.) of Kentucky asked, why this measure in view of the passage of the Consti tutional amendment should be pressed now ? Mr. WU son replied, that the amendment might not be ratified by three-fourths ef the States fpr twP years tp cpme, and he did net wish tp have the bpndage pf these wpmen and children resting upon him. Mr. Harris moved that the resolution be laid on the table, — yeas 66, nays 77. On motion of Mr. Miller, of Pennsylvania, the yeas and nays were ordered on the passage of the joint resolution. The question was taken, and it waa decided in the affirmative, — yeaa, 74, naya 63. So the joint reaolution making free the wivea and childi-en of colored soldiera paaaed ; and received, on the 3d of March, the approval of the President. 405 CHAPTER XXVI. A BUREAU OF FREEDMEN, — FINAL ACTION. HOUSE NON-CONCUR IN THE SENATE AMENDMENT. — COMMITTEE OF CON FERENCE. — EEFQIiT OF THE CONFERENCE COMMITTEE, — EEMARKS OF ME. KERNAN. — MOTION TO LAT THE REPORT ON THE TABLE LOST. — EEMARKS OF MR, SCHENCK, — EEPOET ACCEPTED, — REMARKS OF ME. SUMNEE. — ME. DAVIS. — MR, HENDRICKS. — ME, GRIMES, — ME. SPEAGUB, — MR. SUMNER, — ME. GRIMES, — MR, HENDERSON. — MR. HALE. ME, CONNESS. — MR. MORRILL, MR, JOHNSON. — MR, HARLAN. — EEPOET OF THE CONFEEENCE COMMITTEE EEJECTED. — THE SENATE ASK ANOTHEE CONFERENCE. — THE HOUSE AGREE TO A COMMITTEE OF CONFERENCE, ME. WILSON EEPORTS A BILL FEOM THE CONFEEENCE COMMITTEE. — EEMAP.KS OF MR, POWELL, — MR. HOWARD. — EEPOET ACCEPTED. — EEPOET ACCEPTED BT THE HOUSE. ON the 20th of December, the House of Represen tatives took up for consideration Mr. Eliot's bill to establish a Bureau of Freedmen's Affairs, which had been postponed from the last session to that day. Mr. Eliot moved to non-concur In the Senate's amendment, and aak a Committee of Conference. Mr. Holman moved to lay the Senate'a amendment on the table, — yeaa 51, naye 71, The House then non-concurred in the Senate'a amendment, asked a Comraittee of Con ference, and Mr. Eliot (Rep.) of Massachusetts, Mr. Kelley (Rep.) of Pennaylvania, and Mr. Noble (Dem.) of Ohio were appointed conferrees on the part of the Houae. The Senate agreed to the Conference, and Mr. Sumner (Rep.) of Massachusetts, Mr. Howard (Rep.) of Michigan, and Mr. Buckalew (Dem.) of Pennsylvania were appointed conferrees on the part of the Senate. 406 A BUREAU OF FREEDMEN. In the House, on the 2d of February, 1865, Mr. Eliot, from the Committee of Conference, reported, that the Senate recede from their amendment, and that the Committee agree to a eubatitute for the Iiouse bUl. This report was signed by Mr. Eliot and Mr. KeUy on the part of the House, and Mr. Sumner and Mr. How ard on the part of the Senate : Mr. Noble and Mr. Buckalew the Democratic members did not sign It, Mr. Eliot explained briefly the action of the Committee, and the provisions of the bill. The House bill at tached the Bureau to the War Department ; the Senate amendment attached the Bureau to the Treasury De partment. The first section of the bill agreed upon by the Conference Committee creates a Department of Freedmen and Abandoned Lands. The department ia established at the aeat of government ; and the fu-st section of the bUl puts under the care of the depart ment the lands and other property falling to the national Government in the rebel Statea, and not heretofore appropriated to other uses. The Commissioner is to be appointed by the President. '' Now, sir," said Mr. Eliot, " thie bill preseijts to the House no new proposi tion. Substantially, every provision contained there will be found, I believe, either in the provisions of the House biU, or in the provlsipns of the Senate biU. Many of them are combinations of featurea of both bUla. Mr. Kernan (Dem.) of New York earnestly opposed the acceptance of the report, believing that " the policy proposed to be Inaugurated by this bill will not accomplish the benevolent intentions of its pro moters." Mr. Eldridge (Dem.) of Wisconsin moved that the whole subject be laid on the table, — yeaa 67, FINAL ACTION. 407 nays 83. The report waa then poatponed one week, and ordered to be printed. On the 9th, Mr, Eliot called up the report, and fur ther explained ita proviaions. Mr, Wilaon (Rep.) of Iowa called attention to the section authorizing the Commissioner to make provision with humane and suit able persona for the freedraen, whep he cannot otherwiae employ them. He diallked to put the control of these persona Into the hands of any officers of the Govem ment ; believing that " the less restraint we put upon these freedmen, the sooner we shall make men of them." — "There is not," replied Mr. Eliot, "in thia bill, from beginning to the end, one word that looka to control. They are to be aided ; they are to be aaaiated. The hand of the Government ia to be" held out to them ; but they are not to be controUed, They are to be treated — and my friend will find throughout the bUl that euch are its provisions — like freedraen." Mr. Washburne (Rep.) of lUinois desired an explanation of tho action of the Coraraittee of Conference, The House had passed a bill of five sections ; the Senate had substituted a newbUl of thirteen sections, and the Conference Cora mittee had brought in a third bill of fourteen sections. This waa atrange aort of legislation. " The gentleraan should have reraerabered," responded Mr. Eliot, " that thia ia by no raeana a course of unusual procedure." Mr. Waahburne wished to know if " the principle of the original House bill had not been widely varied, and de parted frora." — " The principle," replied Mr. Eliot, " of the House bill had not been departed frora." Mr. Schenck (Rep.) of Ohio had reported from the Military Committee a bUl " to eatabliah in the War Department 408 A BUREAU OF FREEDMEN. a Bureau for the Relief of Freedmen and Refugees ; " and he thought that " persons set afloat by the accidents and necesaitiea of the war, and needing aeaiatance and relief from the Government, ehould faU within the care and attention of that department which ia engaged in the conduct of the war." Mr. Kelley (Rep.) of Pennsylvania said, that " it is not often given to a legislature to perforra an act such aa we are now to paaa upon. We have four mUlion people in poverty, becauae our lawa have denied them the right to acquire property ; in ignorance, because our lawa have inade it a felony to inatruct them ; without organized habits, because war haa broken the ahacklea which bound them, and haa released them from the plan- tationa which were deatlned to be their world. We are to organize them into eoclety; we are to guide them, aa the guardian guides his ward, for a brief pe riod, untU they can acquire habits, and become confident and capable of self-control ; we are to watch over them : and, if we do, we have, from their conduct in the field and in the echool, evidence that they wiU more than repay our labor. If we do not, we will doom them to vagrancy and pauperiara, and throw upon another Con- greee, and perhape upon another generation, the duty or the effort to reclaim thoae whose hopes we will have blaated, whoae usefulness we will have destroyed." Mr. Chanler (Dem.) of New York spoke briefly in oppoeition to the report, and for the bill reported by Mr. Schenck. Mr. Eliot deraanded the previoua quea tion. On motion of Mr. Holman of Indiana, the yeas and naya were ordered on the acceptance of the report, — yeaa 64, naya 62; so the bUl was paaaed bythe Houae of Representatives. FINAL ACTION. 409 In the Senate, on tUe 10th, Mr. Sumner reported the measure from the Conference Committee ; and it was laid on the table to give senators an opportunity to ex amine it. On the llth, on raotion of Mr. Suraner, the report was taken up by a vote of 25 to 11, and specially assigned Monday, the 13th, at one o'clock. On that day, Mr. Suraner explained the action of the Coramittee of Conference, and the provisions of the report. The Senate, on the 14th, reaumed the conaideration of the report ; and Mr. Davia apoke in oppoaition to its accep tance. On the 21st, the Senate, on motion of Mr. Suraner, resuraed its consideration ; and Mr. Hendricka (Dem.) of Indiana opposed that mode of legislation, and the general policy of the measure. Mr. Grimes (Rep.) of Iowa was opposed to an Independent De partment. He would place the Bureau in the War Department. He preferred the bill introduced into the House by Mr. Schenck, creating a Bureau in the War Department for the white aa well aa the black. "I have Uved," eaid Mr. Pomeroy (Rep.) of Kansas, " upon the border, and I have seen thousands of colored and white refugees coming into my State ; and I aay here diatinctly, that the colored people are able to take care of themaelvea, and find their places and adapt thera- eelvee to their new condition easier and quicker than the poor white refugeee who are driven out of the border Statea. Any race of men that can adapt themaelvea to alavery can very aoon adapt themaelvea to freedora." — "I ara," eaid Mr. Sprague (Rep.) of Rhode Island, " opposed to this bUl, if I can procure for the colored man the elective franchise. When a man can vote, he needs no special legislation in his behalf." Mr. Griraes 35 410 A BUREAU OP FREEDMiJN. moved to postpone the report to the next day. Mr. Suraner hoped there would be no postponeraent. " A motion," he said, "to poatpone at the present time is a motion to kill ; and such is unquestionably the object of the senator from Iowa. ... I am pained by this oppo sition. It is out of season. I am pained by it especially from the senator from Iowa. I do not judge him. But he will pardon me if I say, that, from the beginning, he has shown a strange insensibility to thia cause. He is for liberty ; but he will not help ua assure it to those who have for generations been despoiled of it. Sir, I am in earneat. Serloualy, religiously, I accept emanci pation as proclaimed by the President, and now, by the votes of both Houses of Congress, placed under the sanction of constitutional law." — " No man has a right to suppose," replied Mr. Grimes, " that, because I am oppoaed to the adoption of this conference report, I am opposed to any freedman's bill. I want an opportunity to change it. I think, that. If this questipn is ppstppned until to-morrow, we can get that opportunity. I want to refer it to another committee of conference. . . . Doea the senator claim, that the work of his committee on conference is iraraaculate ? Can it not be rectified ? Is it not possible to be bettered? Is all judgment and wisdom in thia world, aa well as all antislavery aenti- ment, and the apirit of freedora, confined to thia Com mittee of Conference ? I am just aa much in earneat aa the senator from Massachusetts is ; I am just as rauch in favor of protecting these freedmen as he is ; I wiU go juat aa far, and epend juat aa much of my own money, or of the money of my constituents, as he will spend : but I want to be satisfied, that, when I ara doing FINAL ACTION. 411 it, it is going to reach the objects of my bounty ; and I want to be satisfied that all their righta will be protected under the law which I am going to adopt, and vote for." Mr. Grimea'a raotion to postpone waa not agreed to, — yeaa 13, naya 16. "In my judgraent," said Mr. Hen derson (Rep.) of Missouri, "the biU, if adopted, wiU, instead of benefiting the freedmen of the South, be attended with consequences sufficient In time to re- enslave them. . . . The better policy Is to regard them as free ; have it understood that we ourselves regard them as Yreemen, and that they are to be treated as such upon every occasion ; and that they need no guardians, no superintendents, no overseers." On the 22d, the debate waa reauraed by Mr. Hale (Rep.) of New Harapshire, in opposition to the report. He etrbngly oppoaed the ninth aection, authorizing the commissioner to let the freedmen out on hire ; and the twelfth section, providing that the officera in the Depart ment shall be deeraed ao far in the railitary aervice as to be Uable to Court Martial. "I ara opposed," said Mr. Lane (Rep.) of Indiana, "to the whole theory of a Freedmen's Bureau. I would make thera free under the law ; I would protect thera In the courts of justice ; if necessary, I would give them the right of suflPrage, and let loyal sla-ves vote their rebel raasters down, and reconstruct the seceded States ; but I wish to have no system of guardianship and pupilage and overseership over these negroes." Mr. Conness (Rep.) of California was "very much inclined to believe, that both white and black peraons, in thia country, who are in good health and of certain ages, are abundantly able to take care of themaelvea." 412 A BUREAU OP FREEDMEN. He should vote for the report, because in " the sudden change from slavery to freedom there must be a great many black people who require assistance." — "I trust," said Mr. Davis, " that this measure, which I think is so wrong in ita policy, that will be so injurious in its eff'ects to the freedmen, and that contains a vital stab at one of the most important principles of the Constitution, wUl now fail, and fail for ever." Mr. Morrill (Rep.) of Maine would vote for the bill ; though in doing so, he was not eure that the existing laws would be improved. Mr. Sumner made an earnest appeal for the consumma tion of the measure. " If you reject the pending meas ure," he said, " you voluntarUy refuse to carry forward that great act of emancipation which you have already sanctioned. I say, therefore, for the sake of emancipa tion, let the report of thia committee be adopted ; and I appeal to you, senatora, do not be afraid to be juat." " I do nPt know," responded Mr. Johnson of Maryland, " that I am afraid to be just. ... I beg leave to state to the honorable senator frora Massachuaetta, that there is no preaent need for that particular enactraent. I find on my deak a bill, paased almost unanimously by the House ; and if it shaU become a law, and the President ehall perform his duty, under it there can be no suff'er ing among the black or the white refugees." Mr. Harlan (Rep.) of Iowa would insist on the Senate amendment to the House bill, and ask for another Comraittee of Conference. The vote was then taken on the acceptance of the report, — yeas 14, naya 24 ; ao the report waa non-cpncurred In. Mr. WUsen (Rep.) pf Massachusetts then inevcd that the Senate further insist on ita amendraent dlaagreed to by the FINAL ACTION. ' 413 House of Repreaentativea, and aak for another Commit tee of Conference. The motion waa agreed to ; and Mr. WUaon (Rep.) of Massachusetts, Mr. Harlan (Rep.) of Iowa, and Mr. Willey (Rep.) of West Vir ginia were appointed conferreea on the part of the Senate. The House promptly concurred in a Com mittee of Conference; and Mr. Schenck (Rep.) of Ohio, Mr. BoutweU (Rep.) of Massachusetts, and Mr. Rollins (Dem.) of Missouri were appointed conferrees. On the 28th, Mr. WUson from the Conference Com mittee reported to the Senate a bUl " to establish a Bu reau for the reUef of Freedmen and Refugees," which was ordered to be printed. This biU provides, " that there is hereby estabUahed in the War Department, to con tinue during the present war of the Rebellion, and for one year thereafter, a Bureau of Refugees, Freedmen, and abandoned Lands, to which shaU be committed, as hereinafter provided, the supervision and management of all abandoned lands, and the control of all subjects relating to refugees and freedraen from rebel States, or from any district pf CPuntry within the territpry em braced in the operations of the army ; that the Secre,- tary of War may direct such issuea of proviaiona, clothing, and ftiel, as he may deem needful for the im mediate and temporary ehelter and eupply of deetitute and Buffering refugeea and freedmen, and their wivea and children, under euch rules and regulationa as he may direct ; that the Comralaaioner, under the direction of the Preaident, shaU have authority to set apart for the use of loyal refugees and freedraen euch tracts of land within the insurrectionary States as shaU have been abandoned, or to which the United States shaU have 85» 414 A BUREAU OF FREEDBIEN. acquired title by confiacation, or sale, or otherwise; that to every male citizen, whether refugee or freed man, aa aforeaald, there ehall be assigned uot more than forty acres of such land, and the person to whom it is BO assigned shall be protected in the use and enjoyment of the land for the term of three years, at an annual rent not exceeding six per cent upon the Viilue of eaid land ae it wae appraised by the State authorities in 1860, for the purpoae of taxation ; and in caae no auch ap- praieal can be found, then the rental ahall be baaed upon the eatimated value of the land In aaid year, to be aacertained in such manner as the Commlasloner may, by regulation, prescribe ; and that at the end of said term or at any time during aaid term, the occupanta of any parcela ao aaaigned may purchase the land, and receive such title thereto as the United States can con vey, upon paying therefor the value of the land, as ascertained and fixed for the purpoae of determining the annual rent." On the 2d of March, the Senate, on motion of Mr. WUaon, took up the report of the Conference Commit tee. Mr. Powell (Dem.) of Kentucky did not think " a more off'enaive bill had been preaented to thia Con greas. It would create a multitude of office-holders, ' who would be sent upon those States aa the locusts were sent upon Egypt." He moved that the report be laid upon the table : but the motion was loat. Mr. Howard (Rep.) of Michigan declared, that he "could not vote for thie report of the Conimittee of Conference. It places the whole subject in the control and under the superintendence of the Secretary of War. It becomes a aort of appendage to the War Department." — "The FINAL ACTION. 415 men," said Mr. Powell, "who are to go down there, and become overseers and negro-drivers, will be your broken- down politicians and your dUapidated preachers ; that description of raen who are too lazy to work, and just a little too honest to ateal. That ia the kind of crew that you propoae to fasten on these poor negroes. I am aatoniahed that the honorable senator from Massachu setts, who has preached so much for negro equaUty and negro intelUgence, now that aome of theae negroea are turned looae by the policy of hia party, thinks so poorly of them aa to put maatera over them to manage them. I am opposed to placing overseera over freedmen." Mr. Cowan moved an adjournment; lost, — yeaa 12, nays 16. Mr. Connesa moved to postpone until the next day; lost, — yeas 12, nays 16. Mr. Powell desired further time to exaraine the report. Mr. Wilaon was very anxioua to have a vote ; but if the eenator from Kentucky and his friende would let the vote be taken the next day, he would allow the report to go over. Mr. Powell would " make no factious opposition, and would adviae none." The report went over to the 3d ; - waa called up on motion of Mr. WUson ; and, vfithout further debate, accepted without a division. In the House, Mr. Schenck from the Conference Comraittee reported the bUl ; and, upon ita adoption, deraanded the previous queation. Mr. Holraan raised the point of order, that the report did not come within the scope of the Coramittee of Conference. The Speaker ruled, that the Comraittee had a right to report any bill that was germane to the biUa referred to them. Mr. Holman took an appeal from the ruling of the chair. Mr. Brooka demanded the yeaa and nays on the 416 A BUREAU OP FREEDMEN. appeal, — yeaa 89, nays 35 : so the decision of the chair waa auatained. The previoua question waa then or dered. Mr. Cox moved to lay the report on the table. Mr. LeBlond (Dem.) of Ohio demanded the yeaa and naya on the motion, — yeas 52, naya 77 : so the Houae refused to lay the bill on the table. The report waa then agreed to without a diviaion ; and the bUl estabUsh ing the Bureau of Freedmen and Refugees waa ap proved by the President on the same day. 417 CHAPTER xxvn. CONCLUSION. THE annals of the nation bear the amplest evidence that the patriots and statesraen who carried the country through the Revolution from colonial depend ence to national independence, framed the Constitution, and inaugurated the Federal Govemment, hoped and beUeved that slavery would pass away at no distant period under the inffuences of the institutiona they had founded. But thoae Uluatrloua men tasted death -with out vritnessing the realization of their hopes and antici pations. The rapid development of the resources of the country under the protection of a stable govern ment, the opening-up of new and rich lands, the expan sion of territory, and perhaps, more than aU, the wonderftd growth and importance of the cotton culture, enhanced the value of labor, and increased many fold the price of slavea. Under the stimulating influences of an ever-increasing pecuniary interest, a poUtical power was speedUy developed, which early manifested itself in the National Government. F6r nearly two generations, the slaveholding claaa, into whoae power the Govemment early passed, dictated the policy of the nation. But the Presidential Election of 1860 resulted in the defeat of the slaveholding class, and in the success of men who religiously believe slavery to be a grievous wrong to the alave, a bUght upon the proaperity, and a 418 CONCLUSION. stain upon the name, of the country. Defeated in ita aims, broken in its power, humUiated in its pride, the slaveholding class raised at once the banners of treason. Retiring from the chambers of Congreas, abandoning the seats of power to men who had persistently opposed their aggressive policy, they brought to an abmpt close the record of half a century of slavert measures in Congress. Then, when alavery legialatlon ended, antlalavery legialatlon began. A condenaed eummary of the Antislavery Measures in Congress, briefly traced in the preceding pagee, may perhape convey to the reader more diatinctly their ecope and magnitude. When the RebelUon culminated In active hostiUties, it was seen that thousands of slaves were used for mUi tary purposes by the rebel forces. To weaken the forces of the RebelUon, the 37th Congreaa decreed that such slaves ehould be for ever free. As the Unipn armiea advanced intp the rebel Statea, slavea, inapired by the hppe of personal freedom, flocked to their encampments, claiming protection againat rebel masters, and ofi'ering to work and fight for the flag whose stara for the firet time gleamed upon their vision with the radiance of Uberty. Rebel mastere and rebel Bympathizing masters sought the encampments of the loyal forces, demanding the surrender of the escaped fugitives ; and they were often delivered up by officers of the armies. To weaken the power of the Insur gents, to strengthen the loyal forcea, and aaaert the claima of humanity, the 37th Congreaa enacted an article of war, dlamlasing frora the service officers guilty of surrendering theae ftigltlves. Three thousand persons were held aa slavea in the CONCLUSION. 419 Diatrict of Columbia, over which the nation exerclaed exclusive jurisdiction : the 37th Congress raade these three thousand bondraen freeraen, and made slaveholding in the capital of the nation for evermore impossible. Laws and ordinances existed in the national capital, that pressed with mercUesa rigor upon the colored peo ple : the 37th Congreae enacted that colored peraona ehould be tried for the earae off"ences, in the sarae manner, and be subject to the same punishraents, as white persons ; thus abrogating the " black code." Colored persons in the capital of this Christian nation were denied the right to testify in the judicial tribunals ; thus placing their property, their Uberties, and their Uves, in the power of unjuat and wicked men : the 37th Congress enacted that pereone ehould not be excluded ae witnesses In the courts of the District on account of color. In the capital of the nation, colored jpersons were taxed to support schools, from which their ovra chUdren were excluded ; and no public schoola were provided for the inetructlon of more than four thouaand youth : the 38th Congress provided by law that public schoola should be estabUahed for colored children, and that the same rate of appropriationa for colored echoola should be made aa are made for echoola for the education of white children. The raUwaya chartered by Congreas excluded frora their cara colored peraona, without the authority of law : Congreas enacted that there should be no exclu sion frora any car on account of color. Into the territories of the United States, — one- third of the surface of the country, — the slaveholding 420 CONCLUSION. clase claimed the right to take and hold their slaves under the protection of law : the 37th Congress pro hibited slavery for ever in all the existing territory, and in all territory which may hereafter be acquired ; thua stamping freedom for aU, for ever, upon the public domain. As the war progressed, it became more clearly appar ent that the rebels hoped to win the Border alave States ; that rebel sympathizers in thoae Statea hoped to join the rebel Statea ; and that emancipation in loyal Statea would bring repoae to them, and weaken the power of the Rebellion : the 37th Congress, on the recom mendation of the Preaident, by the passage of a jpint resolution, pledged the faith of the nation to aid loyal States to emancipate the slavea therein. The hoe and spade of the rebel slave were hardly less potent for the Rebellion than the rifle and bayonet of the rebel soldier. Slavea sowed and reaped for the rebela, enabling the rebel leadera to fill the waating ranka of their armiea, and feed them. To weaken the mUitary forces and the power of the RebeUion, the 37 th Congress decreed that all slavea of peraona giving aid and comfort to the RebeUion, escaping from such persona, and taking refuge within the linea of the army ; aU slaves captured from such persons, or de serted by them ; aU slaves of euch peraona, being within any place occupied by rebel forcea, and after warda occupied by the forcea of the United Statea, — ehall be captivea of war, and shaU be for ever free of their servitude, and not again held as slaves. The provisions of the Fugitive-slave Act permitted disloyal masters to claim, and they did claim, the return CONCLUSION. 421 of their fugitive bondraen : the 37th Congresa enacted that no fugitive ahould be eurrendered uutU the claimant made oath that he had not given aid and comfort to the RebeUion. The progress of the Rebellion demonstrated its power, and the needs of the ImperiUed nation. To strengthen the physical forces of the United States, the 37th Congress authorized the President to receive into the miUtary service persons of African descent ; and every euch pereon mustered into the service, hia mother j hie wife and chUdren, owing eervlce or labor to any pereon who ehould give aid and comfort to the Rebel Uon, waa made for ever free. The African alave-trade had been carried on by elave piratcB under the protection of the flag of the United States. To extirpate from the seas that Inhuman traffic, and to vindicate the suUied honor of the nation, the Administration early entered into treaty stipulations with the British Govemment for the mutual right of search within certain limits ; and the 37th Congress hastened to enact the appropriate legialatlon to carry the treaty into eff'ect. The slaveholding class, in the pride of power, per sistently refused to recognize the independence of Hayti and Liberia ; thua dealing unjuatly towards those na tions, to the detriment of the commercial interests of the country : the 37th Congreaa recognized the inde pendence of thoae republica by authorizing the Preaident to eatablish diplomatic relations with them. By the proviaione of law, white male citizena alone were enrolled in the mUitia. In the araendraent to the acta for calling out the raUitia, the 37th Congreaa pro- 36 422 CONCLUSION. vided for the enrolment and drafting of citizens, without regard to color ; and, by the Enrolment Act, colored persona, free or slave, are enrolled and drafted the aame aa white men. The 38th Congresa enacted that colored soldiers shall have the same pay, clothing, and rationa, and be placed In all respecta upon the same footing, as white soldiera. To encourage enliatmenta, and to aid emancipation, the 38th Congreaa decreed that every elave muatered into the miUtary aervice ehaU be free for ever ; thua enabUng every slave fit for mUitary ser vice to secure peraonal freedom. By the provisions of the fugitive-alave acts, slave- masters could hunt their absconding bondmen, require the people to aid in their recapture, and have them returned at the expense of the nation. The 38th Con gress erased aU fugitive-alave acta from the statutes of the Republic. The law of 1807 legalized the coaatwise slave-trade : the 38th Congreaa repealed that act, and made the trade illegal. The cpurta pf the United Statea receive euch testi mpny as is permitted in the States where the courts are holden. Several of the Statea exclude the teatimeny of colored peraona. The 38th Congreaa made it legal for colored peraone to teatify in all the cpurta pf the United Statea. Diff'erent viewa are entertained by public men rela tive to the reconstruction of the governraents of the seceded States, and the validity of the President's proclamation of emancipation. The 38th Congreaa paased a bUl providing for the reconstruction of the governments of the rebel States, and for the emanci- CONCLUSION. 423 pation of the slavea in thoae States ; but it did not receive the approval of the President. Colored persons were not permitted to carry the United-States maUa : the 38th Congreas repealed the prohibitory legislation, and made it lawful for persons of color to carry the maUs. Wives and chUdren of colored persona in the miUtary and naval service of the United States were often held aa alavea ; and, whUe huabanda and fathera were abaent fighting the battlea of the country, these wives and chU dren were eometlmes removed and sold, and often treated with cruelty : the 38th Congress made free the wives and chUdren of all peraona engaged in the mU itary or naval eervlce of the country. The diaorganization ofthe slave system, and the exi gencies of civU war, have thrown thouaanda of freedmen upon the charity of the nation : to relieve their imme diate necda, and to aid them through the traneition period, the 38th Congresa established a Bureau of Freedmen. The prohibition of elavery in the Terrltorlee, its abo Ution in the Diatrict of Columbia, the freedom of col ored eoldiers, their wives and chUdren, emancipation in Maryland, Weet Virginia, and Miaeouri, and by the re-organized State authoritiea of Virginia, Tennessee, and Louisiana, and the President's Emancipation Pro clamation, disorganized the elave system, and practically left few pereone in bondage ; but elavery etIU continued in Delaware and Kentucky, and the ala-ve codea remain unrepealed in the rebel Statee. To annihUate the slave systera, its codes and usages ; to make slavery impos sible, and freedom universal, — the 38th Congress aub- 424 CONCLUSION. mitted to the people antlalavery amendment to the Conatitutlon of the United Statea. The adoption of that crowning meaaure aaauree fi-cedom to aU. Such are the "Antislavery Measures" of the Thirty-seventh and Tliirty-eighth Cengreaaea during the past fpur crowded years. Seldom in the history of nationa is it given to any body of legislators or law givers to enact or institute a eeriea of meaaurea ao vaat in their scope, so comprehensive In their character, eo patriotic, juat, and humane. But, while the 37th and 38th Congreases were enact ing thia antislavery legislation, other agencies were working to the conaummatlon of the aame end, — the complete and final abolition of slavery. The President proclaims three and a half mUUons of bondmen in the rebel States henceforward and for ever free. Maryland, Virginia, and Miaaouri adopt iraraediate and uncondi tional emancipation. The partially re-organized rebel States pf Virginia and Tenneaaee, Arkanaaa and Louiai ana, accept and adopt the unreatricted abolition of elavery. IlUnoia and other States hasten to blot from their statute-books their dishonoring black codea. The Attorney - General officiaUy pronouncea the negro a citizen of the United Statea. The negro, who had no status in the Supreme Court, is admitted by the Chief Justice to practice as an attorney before that august tribunal. Christian men and women follow the loyal armies with the agencies of mental and moral instruc tion to fit and prepare the enfranchised freedmen for the duties of the higher condition of life now opening be fore them. This preservation copy was printed and bound at Bridgeport National Bindery, Ine, in compliance with U,S, copyright law, Tbe paper used meets the requirements of ANSI/NISO Z39,48- 1 992 (Permanence of Paper), (OO) 1996 990e0 3006 £