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this section of the amendinent in the commit- to extinguish this debt, to put it beyond the no more time upon it. It gives to Congress tee. I do not believe, if adopted, it will be of | pale of party controversy, to put it out of sight, power to enforce by appropriate legislation all any practical benefit to the country. It will not | and to bury it so deep that it can never again | the provisions of this article of amendment. prevent rebels from voting for members of the be raised to life in such manner as to become Without this clause, no power is granted to several State Legislatures. A rebel, notwith- a theme of party discussion. The amount of Congress by the amendment or any one of its standing this clause, may vote for a member that debt is probably not less than five billion sections. It casts upon Congress the responsiof the State Legislature. The State Legisla- || dollars. We do not know its exact amount, || bility of seeing to it, for the future, that all the ture may be made up entirely of disloyal ele- and I am not sure that it is possible ever to section of the amendment are carried out in ments, in consequence of being elected by a ascertain it; but if there should ever be a fair | good faith, and that no State infringes the rebel constituency. That Legislature when || prospect of its assumption by the United States rights of persons or property. I look upon assembled has the right, under the Constitu- or by the States it is perfectly certain that the this clause as indispensable for the reason that tion, to appoint presidential electors itself if evidences of it would multiply thicker than the it thus imposes upon Congress this power and it shall choose to do so, and to refuse to refer leaves in Vallombrosa. Those evidences are this duty. It enables Congress, in case the that question to the people. It is the right a great curiosity in the history of commercial States shall enact laws in conflict with the of every State. It is very probable that the affairs. I hold in my hand a specimen of the principles of the amendment, to correct that power of the rebel States would be used in confederate currency. I will read it for the legislation by a formal congressional enactexactly that way. We should therefore gain
information of Senators and to give it a per: ment. nothing as to the election of the next or any manent registration among our proceedings : Mr. WADE. I move to amend the joint future President of the United States. Rather
RICHMOND, December 1, 1862.
resolution by striking out all after the word than this, I should prefer a clause prohibiting || No. 81413.
"article" in line eight, and substituting the all persons who have participated in the rebellion, and who were over twenty-five years of peace between the Confederate States and the united proposition which I send to the Chair to be
read. States of America, the Confederate States of America age at the breaking out of the rebellion, from will pay to the bearer on demand $100.
The Secretary read the words proposed to be all participation in offices, either Federal or Signed by the Treasurer and countersigned þy the | inserted, as follows:
Begister of the Confederate States of America, at
SEC. 1. No State shall make or enforce any law such a provision would be a benefit to the
which shall abridge the privileges or immunities of nation. It would ostracize the great mass of
Such is the kind of commercial security upon persons born in the United States or naturalized by which the rebellion was chiefly waged against
the laws thereof; nor shall any State deprive any the intelligent and really responsible leaders of the rebellion.
person of life, liberty, or property without due pro
The confederacy issued its promises pay. cess of law; nor deny to any person within its jurisMr. CLARK. I will state to the Senator
able six months after a treaty of peace should diction the equal protection of the laws. that I have drawn an amendment something be ratified between these States and the United
Sec. 2. No class of persons as to the right of any of
whom to suffrage discrimination shall be made, by of this kind, which I will read, to see how it States. I hardly think that in a lawyer's office
any State, shall be included in the basis of represenwould meet his view, if he will permit me at
that would be regarded as negotiable paper. I tation, unless such discrimination be in virtue of imthis time: doubt very much whether the bearer of such a
partial qualifications founded on intelligence or propsecurity would be able to sue upon it, even in
erty, or because of alienage, or for participation in
rebellion or other crime. That no person shall be a Senator or Representative in Congress or permitted to hold any othice under
a court of South Carolina. It is payable not Sec. 3. The public debt of the United States, includthe Government of the United States who, having || exactly upon the happening of a contingency,
ing all debts or obligations which have been or may previously taken an oath to support the Constitution
hereafter be incurred in suppressing insurrection or thereof, shall have voluntarily engaged in any insurbut upon the happening of what is and ever will
in carrying on war in defense of the Union, or for rection or rebellion against the United States, or
be a total impossibility. "Six months after a payment of bounties or pensions incident to such war given aid or comfort thereto. treaty of peace.” It is not yet due, and of course
and provided for by law, shall be inviolable. But
debts or obligations which have been or may hereafThat would exclude all those who had taken never will become due. It was never expected ter beincurred in aid of insurrection or of war against an oath to support the Constitution of the Uni- to become due by any man who had a thimble- the United States, and claims of compensation for ted States, thereby acknowledged their allefull of brains; but was used as part of that vast
loss of involuntary service or labor, shall not be as
sumed or paid by any State nor by the United States. giance to that Governinent, and had proved system of humbug, deception, and imposture Sec. 4. The Congress shall have power to enforce by false to that oath by joining the rebellion.
by which the southern people were deluded. appropriate legislation the provisions of this article. Mr. HOWARD. I am by no means sure
Their bogus government never expected to Mr. WADE. I do not rise now for the purthat I should not be quite willing to support
of arguing this question at any length; such an amendment as that suggested by the Sir, the peace of the country ought not to be and it is with very great deference that I offer honorable Senator from New Hampshire. disturbed or jeoparded by the agitation of any an amendment to the proposition reported by
Mr. JOHNSON. Will the honorable mem- such question as the assumption of the rebel the committee who have had this particular ber from New Hampshire inform me whether
debt." It becomes the character and dignity || subject under consideration so long. I know he proposes to offer that as an amendment? of the Government, which has spent so much that they are infinitely more competent than I
Mr. CLARK. That was my idea in drawing it. of treasure and blood in putting down this am to deal with it; but there are so many con
Mr. HOWARD. The fourth section of this wicked rebellion, to give an assurance to the || flicting views in regard to this whole matter, 'amendment declares that
people of the United States, whether loyal or and it is so vitally important to the interests of Neither the United States nor any State shall assume disloyal, and to all the people of the civilized the country that we get the proposition upon or pay any debt or obligation already incurred, or world, that this rebel debt thus contracted is which we shall unite as near right as we can, which may hereafter be incurred, in aid of insurrec- never to be paid, that it shall never be recogtion or of war against the United States, or any claim
that after all it seems to me to
proper that for compensation for loss of involuntary service or
nized as the foundation of any claim or any every Senator who believes he can by possilabor.
contract whatever and such an assurance will || bility improve the plan which has been brought I take it for granted that no member of this be also an especial compensation to the hold- forward by the committee should offer his body would oppose the adoption of this section ers of the "cotton loan" in England, which amendment for the consideration of the body. of the amendment. I do not believe the peohas created so much sensation both on the
do not know that the proposition which I ple of the United States will object to declaring | other side of the Atlantic and on this. I con- have now submitted will be deemed an imthat the whole of the rebel debt shall be eter- fess I am not without a little anxiety on this provement upon what they have brought for: nally repudiated and extinguished-a debt con- point. I wish to give those martyrs to the ward; but nevertheless there are some things tracted in the prosecution of the most wicked cause of the confederate States of America, in it that appear to me to be better, and an war with which the earth was ever cursed, those who so generously lent that mushroom
improvement upon their report. against a Government that was never felt by government their cold cash upon the promises In the first section of the proposition of the them except in the benefits it conferred. Such contained in the cotton bonds, a final assur- committee, the word "citizen' is used. That a debt can never be assumed or paid by the ance as to the real value of their securities, and is a term about which there has been a good loyal people of the United States, and if suf- that they are never to look to the United States deal of uncertainty in our Government. The fered to remain in quasi existence it can only or to any State of the Union for indemnity on courts have stumbled on the subject, and even be left in that condition as a subject of political account of moneys advanced by them in the
here, at this session, that question has been up squabbling and party wrangling.
piratical scheme of destroying the Government and it is still regarded by some as doubtful. The assumption of the rebel debt would be of the United States. Sir, I do not believe in I regard it as settled by the civil rights bill, the last and final signal for the destruction of paying traitors, nor do I believe in indemnify; | and, indeed, in my judgment, it was settled the nation known as the United States of Amer. ing men abroad who, with their eyes open and before. I have always believed that every perica. Whatever party may succeed in so wicked a malignity in their heart beyond all parallel, son, of whatever race or color, who was born a scheme, by whatever name it may be called gave them aid and comfort. Nor do
within the United States was a citizen of the and under whatever false guises or pretenses propriety of keeping this question open before United States; but by the decisions of the it may operate, if it succeed in assuming this the country, and euabling the foreign holders courts there has been a doubt thrown over that indebtedness, puts an end first to the credit of of cotton bonds to keep the political atmos- subject; and if the Government should fall the Government, and then, as an unavoidable || phere of this country a turmoil for the future into the hands of those who are opposed to consequence, to the Government itself. I do with a view ultimately of getting their pay from the views that some of us maintain, those who not propose to spend time upon this branch of somebody. It is time for us to put our hands have been accustomed to take a different view the subject. I simply refer to it as a necessity | upon this whole thing and to extinguish all of it, they may construe the provision in such of such magnitude as in my judgment to demand | hope.
a way as we do not think it liable to construcour action and the action of the States of the The next clause is a very simple one. I have tion at this time, unless we fortify and make Union without delay. It is necessary to act, already remarked upon it;. and shall spend II it very strong and clear. If we do not do so
there may be danger that when party spirit and the white population, and it makes several the United States. They ought to be there, runs liigh, it may receive a very different con- other discriminations; and therefore it is, and along with your public debt. I think no gen. êtruction from that which we would now put will be at all times, perfectly easy and practi- || tleman will deny that it is very essential that I find that gentlemen doubt pon
cable to ascertain exactly how much of the the debt incurred in this war should be placed that subject, and I think it is very easy now to population of a State shall be counted in the under the protection of the Constitution of the solve that doubt and put the question beyond basis of representation under my amendment. United States, especially when we are now all cavil for the present and for the future. Under the other proposition, it seems to me, prosecuting a doubtful war with your Execu.
In the first clause of the amendment which you must have a census commission all the tive as to whether open and hostile rebels shall I have submitted, I strike out the word - citi- time in operation in order to keep pace with not have seats in Congress. If they are adinitzens,” and require the States to give equal the variations that will take place from time to ted here to act with their sympathizers at the rights and protection of person and property to time.
North, who have constantly opposed every all persons born in the United States or natu- Under this amendment you ascertain the policy that looked to the remuneration of those ralized under the laws thereof. That seems to classes of the population, and when any dis- engaged in the war on our part, who have been me to put the question beyond all doubt. crimination shall be made upon any of these opposed to every war measure, who voted
The Senator from Maine suggests to me, subjects the whole of that particular class will against paying your Army in the field, or doing in an undertone, that persons may be born in be excluded. There is only one question to anything to defend the country, what will be the United States and yet not be citizens of be determined. If the exclusion is because the result? Under the dictation of such a the United States. Most assuredly they would of race or color, the question is what amount policy, should it prevail, who can guaranty be citizens of the United States unless they of colored population is there in the State, | that the debts of the Government will be paid, went to another country and expatriated them and in exactly that proportion she is to lose or that your soldiers and the widows of your selves, if they could do so by being adopted in representation. If any class is deprived of the soldiers will not lose their pensions? I hope that other country by some process of natural- privilege of voting there should certainly be that whether my amendment be adopted or ization that I know nothing about; for I be- some restriction on the representation of the not, any amendment to the Constitution which lieve the countries of Europe--certainly it is State which excludes them. In that particu- | shall finally prevail will contain a clause like so in England-have always held that a per- lar I think my amendment is a great improve- || this. son born within the realm cannot expatriate ment on the provision reported by the com- Mr. President, I have stated nearly all the himself and become a citizen of any other mittee. My amendment is such that a calcu- | differences between my amendment and the country or owe allegiance to any other coun- lation can very easily be made of what the proposition of the committee. I have left out try. I think, then, the first section of my restriction of representation is under it. I have of the amendment the third section of the res. amendment covers the whole ground.
not myself calculated it; but we know that olution, because as the Senator from Michigan Mr. FESSENDEN. Suppose a person is some of the States would lose more than half has said it does not seein to me to amount to born here of parents from abroad temporarily | their representation ; South Carolina would, much. Practically I do not believe it would, in this country.
and I think Mississippi would, and some other have any effect. I am for excluding those who Mr. WADE. The Senator says a person may of the States would lose largely if they ex- took any leading part in the rebellion from be born here and not be a citizen. I know that cluded their colored population from voting; exercising any political power here or elseis so in one instance, in the case of the children and I think they ought to be restricted in the where now and forever; but as that clause of foreign ministers who reside" near the Uni- ; proportion that the excluded portion bear to does not seem to effect that purpose, and will ted States, in the diplomatic language. By a fic. the whole.
probably effect nothing at all, I do not think tion of law such persons are not supposed to be In the next place, my amendment prohibits it is of any consequence that it should have a residing here, and under that fiction of law their and renders null and void all obligations in- | place in the measure. I hope another clauso children would not be citizens of the United curred in rebellion and insurrection against the will be placed there by the amendment sug. States, although born in Washington. I agree United States or for the purpose of aiding re- gested by the Senator from New Hampshire. to that, but my answer to the suggestion is that bellion or insurrection; and in that particular | I shall be very glad to see that adopted either that is a simple matter, for it could hardly be it is precisely the same as the corresponding as an amendment to my proposition, if it applicable to more than two or three or four per- section of the original proposition which was should prevail, or, if not, as an amendment sons; and it would be best not to alter the law
so eloquently defended and enforced by the to the original proposition. for that case. I will let it come under that Senator from Michigan. I agree with all that I have seen other suggested amendments well-known maxim of the law, de minimis lex he said on that subject, and the proposition which I should like to have prevail. The Sen. non curat. It would make no difference in the reported by his committee and the one I have ator from Nevada (Mr. Stewart) has submitresult. I think it better to put this question submitted are the same in that respect; butted a proposition which in my judgment is of beyond all doubt and all cavil by a very sim- then any amendment goes to another branch of the most important and essential character. ple process, such as is the language of the first this business almost as essential as that. It puts Could my voice and my vote prevail to give section of the amendment I have offered. I the debt incurred in the civil war on our part efficacy to his proposition, he should not fail do not know that the corresponding section re- under the guardianship of the Constitution of to have it. I am for suffrage to our friends in ported by the committee would leave the matter the United States, so that a Congress cannot the South, the men who have stood by us in very doubtful; but that which I have proposed repudiate it. I believe that to do this will give this rebellion, the men who have hazarded is beyond all doubt and all cavil now and here- great confidence to capitalists and will be of their lives and all that they hold dear to defend after, and it is as easy to adopt it as it is the incalculable pecuniary benefit to the United our country. I think our friends, the colored other. I regard it as an improvement, and States, for I have no doubt that every man who people of the South, should not be excluded therefore I think it ought to be adopted. has property in the public funds will feel safer from the right of voting, and they shall not be
The second section is in regard to the ap- when he sees that the national debt is with- || if my vote and the votes of a sufficient numportionment of representation; and here I like drawn from the power of a Congress to repu | ber who agree with me in Congress shall be The provision I have proposed better than the diate it and placed under the guardianship of | able to carry it. I do not agree in this particcorresponding one of the committee. There the Constitution than he would feel if it were ular with the Senator from Michigan. He is no doubt or cavil about it; and it contains left at loose ends and subject to the varying | yields to the provision in the committee's ressome elements which I think make it entirely | majorities which may arise in Congress. I con- olution on the subject reluctantly, because he preferable to the other proposition. There sider that a very beneficial provision, which is does not believe three fourths of the States are some reasons, and many believe there are not in the original proposition.
can be got to ratify that proposition which is good reasons, for restricting universal suffrage, This section of my amendment goes further, right and just in itself. My own opinion is and upon such principles as not to justify the and secures the pensioners of the country. We that if you go down to the very foundation of inflicting of a punishment or penalty upon a ought to do something to protect those wounded | justice, so far from weakening yourself with State which adopts restricted suffrage. It is patriots who have been stricken down in the || the people, you will strengthen yourself iinalready done in some of the New England cause of their country, and to put the security | mensely by it; but I know that it is not the States-in Massachusetts, for instance. I be- of their pensions and their means of support | opinion of many here, and I suppose we must lieve the constitution of that State restricts | beyond the power of wavering majorities in accommodate ourselves to the will of majorthe right of suffrage to persons who can read Congress, who may at some time, perhaps, be ities, and if we cannot do all we would, do the Constitution of the United States and write hostile to the soldier. In the condition of all we can.
I propose for myself to contend their names.
I am not prepared to say that things around us we have no great guarantee for all I can get in the right direction, and that is not a wise restriction. At all events, a now that rebels will not ere long be in these finally to go with those who will give us any. State has the right to try that experiment; but | Halls, deadly hostile to everything that shall thing that is beneficial. That is my doctrine. if she tries it, under the report of the committee benefit the soldier who was used as an instru- | I wish and I hope that on due reflection tho she must lose, in the proportion that she has ment in their downfall and their conquest. Let Senate will adopt the amendment of the Sensuch persons among her inhabitants, her repre- the policy which I understand to be that now ator from Nevada, at least as an alternative sentation in Congress. I do not think that ought | prevailing at the other end of the avenue be to some of these propositions, leaving the to be so. I think we should leave the subject | adopted, and we have no security and no guar- States to take his proposition if they will in open to the States to act as they see fit about antee that the widow of your dead soldier, who lieu of the one we give to them. I should like it. I think my amendment in this respect is died in the cause of his country, will not be to see even that, for I believe they would take plainer and more practicable than the proposi- || deprived of the pittance that we give her as a his in preference to the one we shall probably tion of the committee. The entire population support. I am anxious to put the pensions | give them. is taken, in the first instance, as a basis. The of our soldiers and their widows and children But, sir, notwithstanding I say all this, I am census always discriminates between the black
under the guardianship of the Constitution of not finding fault with the doings of the com39Th Cong. 1ST SESS. ---No. 174,
mittee. I know the difficulties of their task. about taxation, for that is not in the amend. | printed, that I am in favor of striking out the I know the great variety of opinions that pre- ment I have offered. It was in the printed | third section of the proposition of the commitvail on this subject. I know its importance. copy I first submitted; but on consideration I tee, and I prefer simply to strike it out rather I kuow that the committee has been most un. struck that out, thinking the amendment would than to insert anything in place of it; but I reasonably assailed from outside because it has be better without it, more acceptable to the submit this motion so that if we are to have not earlier brought forth its measures. My Senate, and certainly more acceptable to my- anything inserted in its place, we shall give the only wonder is that they could finish their self. As to the suggestion of the Senator from people an opportunity of voting upon a propolabors and bring forward these propositions one Massachusetts that the word "property'' should sition which says that the men who resigned or after another as they have done, and so satis. be stricken out I will say that there is no mem
abandoned offices under the Governnient of the factorily as they have. When I offer this amend. ber of the Senate more opposed to making a United States, whether civil or military, and ment of mine, I only do it for the considera- || property qualification for voting than I am. i engaged in rebellion, shall never hold any office tion of the Senate, and not because I have the never would vote for it nor submit to it if I under the Government of the United States, vanity to suppose that I could improve anything | could help it. But it is presented here only as or under any State. they had agreed upon. It may be that after one of those alternatives which the States may
Mr. FESSENDEN. I wish to suggest to my men have struck out a course of proceeding, | adopt. Some of them have adopted it before, | friends that if they desire to offer amendments have broken the road, and submitted their and may do so again. It is only to be left it would be better to move each amendment sepdoings to us, it is easy to criticise and some- optional with them to do this and other things. arately, either in the place of some section times easy to amend. That is all I claim. I We do not recommend that they should do it; in the resolution reported by the committee, do not suppose that if I had been on the com- we do not recommend even an educational or as an addition. The difficulty of presenting mittee I could have drawn up a proposition so basis; we simply present the matter to the propositions together as a substitute for the good as this is that they have brought forward; States. As a general thing the bias of my mind whole is that we are compelled to vote upon and yet it seems to me, having the benefit of is entirely in favor of free suffrage to every
them as a whole. If a Senator wishes to sub. what they have done, that looking it over, re- man who is subject to the laws, in the language | stitute one provision for another, let that be a flecting upon it, seeing all its weak points, if of Madison. That is the principle which would motion distinct by itself. it have any, I could, without having the ability govern me if the matter were left to me; but
Mr. WILSON. Mine is. of that committee, suggest amendments that we are now legislating with regard to the States, Mr. FESSENDEN. But the honorable Senwould be beneficial. I trust I have done so, I giving them a right to fix this matter for them- ator from Ohio has moved a substitute for all or certainly I would not have brought this for- selves.
the five sections of the article reported by the ward. If it meets the approval of the Senate If the State of which I am a member, where committee. Perhaps I might vote for some one I shall be glad, because to me it seems to be I could reach it, should undertake to prescribe of the sections he proposes, but I cannot for better; but if not, I shall go for their proposi- a property qualification, you would find me all together. The purpose can be accomplished tion. All I wished to do now was barely to opposed to it all the time. I am not very averse by simply moving one section as a substitute bring my amendment before the Senate and to an amendment of my proposition which shall for another, or by offering his amendments as submit it for their consideration. Hereafter, strike out the word "property. I simply
additional provisions. perhaps, I may or may not have something I thought it would be as well to leave that mat- Mr. WADE. Well, I can take that course. more to say about it.
ter to the States and not to restrict their repre- The PRESIDING OFFICER, (Mr. HexMr. WILSON. If the Senator from Ohio sentation if they should adopt a property qual- DRICKS in the chair.) But one of the amendintends to press this amendment to a vote I ification applied to all, giving equal suffrage, ments proposed by the Senator from Massatrust he will consent to some modification of | making no class discrimination. I am not very
chusetts is now in order. The Chair underit. In the second section I think the word much opposed to striking out the word "prop
stands the Senator, however, to propose his “property” should be stricken out. That sec- erty;" I should not like to lose a vote for my two amendments simply with a view of their tion reads, “no class of persons as to the amendment on that account, although I did not being printed. Is there any objection to the right of any of whom to suffrage discrimination suppose it was placed in my amendment in such reception of both amendments with a view to shall be made by any State shall be included in a position as to subject me to the suspicion of their being ordered to be privted ? the basis of representation, unless such dis being in favor of the property qualification. If Mr. CLARK. I suppose these amendments crimination be in virtue of impartial qualifica- | the Senate is opposed to it, I am perfectly will. are all offered for the purpose of bringing them tions founded on intelligence or property, or ing that that word shall be stricken out, as I to the knowledge of the Senate and having them because of alienage, or for participation in think it can be without mutilating my amend. printed, and that no rule of the body will be rebellion or other crime." I certainly think ment. I now move that the amendment be enforced upon them. we ought not to put the word "property as a printed in the form in which I have submitted it. The PRESIDING OFFICER. If that be qualification for suffrage in this country into The motion was agreed to.
the unanimous wish of the Senate, it will be the Constitution of the United States. If we
Mr. WILSON. As amendments are being
so ordered. are to have anything of that kind I think it offered, I desire to submit an amendment, for
Mr. CLARK. I propose to offer as an should be a qualification on account of taxathe purpose of having it printed, to the second
amendment to the third section the proposition tion, not on account of property, but taxation, section of the article reported by the committee,
which I read some time ago to the Senate, but paying a proportionate part to support the and also an amendment to the third section.
it would not be in order for me to do so now if Government. "I do not think such a qualifica; Mr. JOHNSON. I ask for the reading of
any rule of the Senate was to be enforced upon tion this should go in the Constitution, and them.
it. I desire to offer an amendment to the third I cannot vote for this proposition as against The Secretary read the amendment proposed
section, for the purpose of having it printed. the proposition of the committee. Then there by Mr. Wilson to the second section, which
The PRESIDING OFFICER. If there be are words in the third section that I think
was to strike out the section and in lieu of it no objection the order will first be made to should be stricken out. Those words are, to insert the following words:
print the amendments submitted by the Sena"and shall not be taxable by any State." Mr. WADE. Those words are not in the Representatives shall be apportioned among the
tor from Massachusetts. The Chair hears no several States according to their respective num- objection. amendment I have offered. They were in the
bers ; but if in any State the elective franchise is Mr. CLARK. I desire to offer this as a amendment as first submitted and printed, but
or shall be denied to any of its inhabitants, being
substitute for the third section of the comunitthey are stricken out of the amendment as now of twenty-one years, for any cause except insur- tee's resolution: offered.
rection or rebellion against the United States, the Mr. FESSENDEN. I think the proposition basis of representation in such State shall be re
No person shall be a Senator or Representative in
Congress, or be permitted to hold any office under duced in the proportion which the number of male
the Government of the United States, who, having had better be printed as it now stands amended. citizens so excluded shall bear to the whole number Mr. WADE. Very well. of male citizens over twenty-one years of age.
previously taken an oath to support the Constitution
thereof, shall have voluntarily engaged in any insurMr. WILSON. I am very glad that the Mr. WILSON. Before the other amend- rection or rebellion against the United States, or Senator from Ohio has stricken out those words ment is read, I wish to state in a single word
given aid or comfort thereto. which were in his original amendment. I wish the distinction between the proposition just I wish also to propose an amendment to the simply to say upon that point, that for one, I read and the section of the committee's propo- section in regard to the rebel debt, in these can consent to vote for no proposition that does sition for which it is offered as a substitute. words: not go squarely to the country, that the national In the original proposition the language is Debts incurred in aid of rebellion or war against debt hereafter created shall be taxed like all écitizens of the State,” in this it is "inhabit- the United States are illegal and void, shall not be other property. I do not believe in the wisdom ants being male citizens of the United States.'
enforced in any court, or assumed or paid by tho
United States or any State, or by its autbority:, nor of having two or three thousand millions of I think the distinction is of vital importance. shall any compensation ever be made for the loss or capital in this country placed beyond taxation. Now, let the Secretary read my other proposi- emancipation of any slave. We did it in time of war, in an hour of need. tion.
I prefer to make the provision in regard to I will adhere to that with all fidelity. It is as The Secretary read the proposed amendment, the rebel debt a little more specific and to go sacred as any pledge we ever made, as sacred which was to strike out section three, and in a little further. I am not content to say that as the blood of our soldiers. But I will con- lieu of it to insert the following:
it shall not be paid by the United States or sent to no measure that changes one dollar of That no person who has resigned or abandoned or
any State, but I want to say that it shall not that property into a new loan, and does not
may resign or abandon any office under the United
be enforced in any court, either in an action subject it to taxation equally and like all other against the Government thereof, shall be eligible to or by way of set-off'; nor shall any debt incurred property. I believe the safety of the debt any office under the United States or of any State.
by any city or municipal corporation in aid of itself demands that.
Mr. WILSON. I will simply say in regard | rebellion ever be paid. I do not want that any Mr. WADE. Nothing more need be said to this proposition, which I desire to have citizen of my State or any citizen of any other
loyal State who shall go down into that coun
the proviso at the end of the bill, the words try shall ever be taxed to pay one cent of the Mr. GRIMES. I move that the Senate
lands mainly valuable for timber and not suitable
for cultivation;" so that the proviso will read: rebel debt, and I want to say to the world that proceed to the consideration of executive busi- And provided further, Thai no mineral lands or every particle of it is to be forever repudiated
lands mainly valuable for tinber and not suitable and remain unpaid, that we will not acknowl- The motion was agreed to; and after some
for cultivation shall be liable to cntry and settlement
under its provisions. edge it or suffer any of our courts to enforce it. time spent in executive session the doors were
The amendment was non-concurred in. Mr. JOHNSON. Was the first amendment reopened, and the Senate adjourned.
Third amendment: of the Senator proposed as a substitute for the third section?
Add as a new section the follorring:
HOUSE OF REPRESENTATIVES. And be it further enacted, That the person applying Mr. CLARK. Yes, sir. The third section
for the benefit of this act shall, upon application to does not seem to be satisfactory to a great
WEDNESDAY, May 23, 1866.
the register of the land oflice in which he or she is many persons, and yet I think something of The House met at twelve o'clock m. Prayer
about to make such entry, make affidavit before the
said register or receiver that he or she is the head the kind, looking toward the exclusion of many | by the Chaplain, Rev. C. B. Boynton.
of a family, or is twenty-one years or more of ago, or of those who participated in the rebellion from The Journal of yesterday was read and shall have performed service in the Army or Navy participation in the administration of our Gov- | approved.
of the United States, and that such application is
made for his or her exclusiveuseand benefit, and that ernment, is desirable. The section as it stands
LEAVE OF ABSENCE.
said entry is made for the purpose of actual settlein the committee's plan provides that no per
Mr. BERGEN asked indefinite leave of
ment and cultivation, and not cither directly or inson who has been engaged in the rebellion
directly for the use or benefit of any other person or absence for Mr. Taber. shall be allowed to vote until 1870. That is
persons whomsocver; and upon filing the said affiLeave was granted.
davit with the register or receiver, andon payment of about four years off. Now, it will probably
five dollars, he or she shall thereupon bo perniitted be a year and a half before this amendment LETTER CARRIERS IN SAN FRANCISCO.
to enter tho amount of land specified : Provided,
however, That no certificate shall be given, or patent can be agreed to ly the States; they will be Mr. McRUER, by unanimous consent, re- issued therefor, untilthe expiration of five yenrs from allowed to have until that time; and then it
ported back from the Committee on the Post the date of such entry; and it at the expiraton of such will only be an exclusion for a couple of years.
time or at any tinc within two ycars thereaiter, the Office and Post Roads a joint resolution (H. I am afraid that the obstruction they will make
person making such entry, or, it he be dead, his R. No. 142) authorizing the Postmaster Gen- widow; or in case of her death, his heirs or devisee; to the adoption of the plan will be more serious
eral to pay additional salary to letter carriers or in case of a widow making such entry, her heirs than all the advantage we can derive from it. in San Francisco.
or derisce, in case of her death, shall provo by two
credible witnesses that he, she, or they have resided I much prefer that you should take the leaders The joint resolution, which was read, pro- upon or cultivated the same for the term of five yoar3 of the rebellion, the heads of it, and say to
poses to authorize the Postmaster General to immediately succeeding the time of filing the nfiithem, "You never shall have anything to do
davit aforesaid, and shall make allidavit that no part pay to letter carriers in San Francisco such
of said land his been alienated, and that he will bear with this Government,” and let those who have additional salary above that provided by law true allegiance to the Government of the United moved in humble spheres return to their loy. as may be necessary to procure competent
States; then, in such case, ho, she, or they, if at tho alty and to the Government.
time a citizen of the United States, shall be entitled persons for such service. Dr. HOWARD.
to a patent, as in other cascs provided by law: And Allow me to suggest to Mr. LE BLOND. I desire to suggest that provided further, That in case of the death of both the Senator from New Hampshire, by way of this joint resolution ought to provide some
father and mother, leaving an infant child or chil. amendment to the amendment offered by him
dren under twenty-one years of age, the right and limit. In its present form it gives to the Post
fee shall inure to the benefit of said infant child or to the third section, that he strike out the master General unlimited power.
children; and the executor, administrator, or guardword voluntarily," so as to exclude that class Mr. McRUER. I beg leave to say that it
ian may, at any time within two years after tho of persons absolutely without qualification. gives to the Postmaster General the same au
death of the surviving parent, and in accordanco
with the laws of the State in which such children, for Nr. CLARK. I shall have no objection to thority which has been given to the Secretary tho timo being. have their domicile, sell said lands any amendment of that kind.
of the Treasury and the Commissioner of In- for the benefit of said infants, but for no other purMr. HOWARD. Any person who has taken
pose; and the purchaser shall acquire tho absoluto ternal Revenue, to pay only so much additional
title by the purchase, and be entitled to a patent an oath to support the Constitution as a mem- salary as may be necessary to secure competent from the United States on the payment of the offico ber of Congress or as a Federal officer must
persons to do the service. It is not to be pre- fees and the sum of money herein specified. be presumed to have intelligence enough if he sumed that he will give any more.
The amendment was non-concurred in. entered the rebel service to have entered it
the letter delivery has not been established in Fourth amendment: voluntarily. He cannot be said to have been San Francisco in consequence of the inade- Add as a new section the following: forced into it by pressure; but as the amend
quate compensation allowed by law. This joint Src. 3. And be it further enactedl, That all the proment of the honorable Senator now stands it resolution only allows the Postmaster General
visions of the said homesteadlaw, and the act amend
atory thereof, approved March 21, 1863, so far as the leaves open as a question of fact whether he
to give a small additional compensation that same may be applicable, except so far as tho same actually entered the rebel service voluntarily may be necessary to secure carriers.
are modified by the preceding sections of this act, are or involuntarily.
Nr. LE BLOND. I would suggest to the
applied to and made part of this act as fully as if Mr. CLARK. I will adopt the suggestion
herein enacted and set forth. gentleman that the resolution does not limit the of the Senator from Michigan, and I will adopt additional amount to be paid; it gives the Post
The amendment was non-concurred in. any other suggestion that seems proper in re- master General unlimited power. If the res
Mr. JULIAN. I move that the House gard to this amendment. I throw it out merely
olution were so amended as to authorize him appoint a committee of conference to act with as a general idea or proposition. It may no to allow additional pay, not exceeding a cer:
a similar committee of the Senate on the disbe satisfactory to all minds; it may need tain amount, it would limit the power of the agreeing votes of the two Houses. amendment; it may possibly go too far; but Postmaster General. It seems to me it ought
The motion was agreed to. I throw it out to the Senate and desire to have to do that.
ENROLLED BILL SIGNED. it printed as embracing a general proposition Mr. McRUER. I do not think there is any the main feature of which I think should be
Mr. TROWBRIDGE, from the Committee necessity for that. It is not to be presumed agreed to, and as a substitute for the third sec- that the Postmaster General will spend any
on Enrolled Bills, reported that they had
examined and found truly enrolled a bill (H. tion proposed by the committee. Mr. HOWARD. I am inclined to think I more money for his Department than is abso
R. No. 193) entitled “An act for the relief of lutely necessary.
Mrs. William L. Herndon;" which was therewill support that amendment with that modifi
The joint resolution was ordered to be en-
grossed and read a third time; and being upon signed by the Speaker.
PREVENTION OF CIIOLERA. discuss the subject, but submit the amendment time and passed.
Mr. ELIOT. I ask unanimous consent to and ask that it be printed.
Mr. McRUER moved to reconsider the vote | report back from the Committee on Commerce The PRESIDING OFFICER. The amend
by which the joint resolution was passed; and a joint resolution (H. R. No. 116) to prevent ment proposed by the Senator from New
also moved that the motion to reconsider be the introduction of cholera into the ports of Hampshire will be printed, unless there be laid on the table.
the United States, with certain Senate amend. objection.
The latter motion was agreed to.
ments, in which the committee recommend Mr. BUCKALEW. I desire also to submit
IIOMESTEADS IN SOUTHERN STATES.
concurrence. an amendment with a view to have it printed. The PRESIDING OFFICER. The Chair On motion of Mr. JULIAN, by unanimous
The amendments were read, as follows: will receive the amendment and an order will consent, Senate amendments to the bill (H. R.
First amendment: be entered for its printing if there be no objec
No. 85) for the disposal of the public lands for In line ono strike out the word "President" and tion. homestead actual settlement in the States of
insert in lieu thereof the words "Secretary of the
Second amendment: to the resolution the following additional sec
and Florida, were taken from the Speaker's
In line seven strike out the word "President" and
insert in lieu thereof the words "Secretary of tho
First amendment: / Sec. 6. This amendment shall be passed upon in
Treasury." each State by the Legislature thereof which shall be
Amend the first section by striking out all after Third amendment: chosen, or the members of the most popular branch
the words "sixty-four" in line ten down to and inof which shall be chosen next after the submission cluding the word "patent" in the fifteenth line, co
Strike out all after the word "to" in lino seven of the amendment, and at its first session; and no that the party will be allowed to enter one hundred
down to and including the word " patients' in line acceptance or rejection shall be reconsidered or and sixty instead of eighty acres of land.
thirteen, and insertin licu thereof the following:
Direct the revenue officers and the oficers comagain brought in question at any subsequent ses- The amendment was non-concurred in, manding revenuc-cutters to aid in the execution of sion; nor shall any acceptanco of the amendment be valid if mado after threo years from the passage
such quarantine, and also in the execution of the
health laws of the States respectively, in such manner of this resolution.
Ingert in line twenty, after the word "lands" in as mas to him seem pecessary.
Mr. LE BLOND. Reserving the right to object, I wish to ask one question-whether this does not take from the President the ap. pointing power and confer it upon the Secretary of the Treasury.
Mr. ELIOT. No, sir, not at all. I will state what I understand to be the reason of this change. As the House passed the resolution it provided that the President, through the Secretary of War, should when necessary au. thorize the military and naval forces to enforce through certain southern States quarantine laws. The Senate changed that whole provision so as to authorize the Secretary of the Treasury to direct revenue officers and officers commanding revenue-cutters to aid all the States in the enforcement of their different quarantine regulations. It has no reference to appointments at all. I call the previous question.
Mr. LE BLOND. I have not had an opportunity to examine the bill to see what the amendments are, and for the present I shall have to object to its consideration.
Mr. ASHLEY, of Ohio. The gentleman cannot do that now.
The SPEAKER. The gentleman reserved the right to object.
AGRICULTURAL REPORT. Mr. ROSS, by unanimous consent, submitted the following resolution ; which was read, and under the law referred to the Committee on Printing :
Resolved, That in view of tho great demand for and high appreciation of the Report of tho Commissioner of Agriculture for the year 1864, by the agriculturists of the country, the Committee on Printing be instructed to inquire into the expediency of having printed for distribution an extra number of copies, equal to the number published for the year 1863.
INDIAN SCHOOLS, Mr. WINDOM, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to :
Resolved, That the Secretary of the Interior be directed to examine into and inform the House, as. soon as practicable, how much money has heretofore been appropriated for the erection of school-houses and the maintenance of schools at the different Indian agencies within the Dakota Indian superintendency, and the manner in which the same has been expended, together with the present condition of said agencies and the manner in which the business of said superintendency and agencies has been conducted.
MARRIAGES IN DISTRICT OF COLUMBIA. Mr. PATTERSON, by unanimous consent, introduced a bill for legalizing marriages, and for other purposes, in the District of Columbia ; which was read a first and second time, and referred to the Committee for the District of Columbia.
PROPAGATION OF FOREST TREES. Mr. BIDWELL, by unanimous consent, moved that the Coinmittee on Agriculture be discharged from the further consideration of House bill No. 423, donating public lands to the American Forest Tree Propagation and Land Company, for conducting experiments respecting forest-tree culture calculated to prevent the destruction and encourage the production of forests in America, and that the same be laid upon the table. The motion was agreed to.
FREEDMEN'S BUREAU. Mr. PRICE demanded the regular order of business.
The SPEAKER stated the morning hour had commenced, and the House resumed the consideration of House bill No. 613, to continue in force and amend an act entitled “An act to establish a Bureau for the Relief of Freedmen and Refugees,” and for other purposes.
The reading of the bill, begun yesterday, was then concluded.
Mr. ELIOT. I have two or three amendments to offer. I move in line five, section one,
to strike out "three” and insert “two;" so it authorizes the appointment of two assistant will read :
commissioners, and that the different commisThat the act to establish a Bureau for the Relief sioners, under the President, shall have charge of Freedmen and Refugees, approved March 3, 1865, each of one district to be assigned him by the shall continue in force for the term of two ycars from and after the passage of this act.
President where his service can be best emThe amendment was agreed to.
ployed. The former bill was objected to upon
the ground that it called for the appointment Mr. ELIOT. I move in the third section
of officers, clerks, and agents in all parts of after the word "clerk” to insert the words
the United States, and that the possible ex**• not heretofore authorized by law."
pense might run up to a very large amount. The amendment was agreed to.
The present bill avoids the districting of the Mr. CHANLER. Is the printed bill upon country, and it confines the appointment of our table?
clerks or officers in this way: that the ComThe SPEAKER. It was ordered to be missioner shall, under the direction of the printed yesterday, and is now ready for distri- President, and so far as the same shall be in bution.
the judgment of the President necessary for Mr. ELIOT. I move in section five to the efficient and economical administration of insert "one" instead of “three;" so it will the affairs of the bureau, appoint such agents, read "one million acres.'
clerks, and assistants as may be required for The amendment was agreed to.
the proper conduct of the bureau. It also Mr. CHANLER. I desire to know wherein provides that each agent or clerk, not being a this bill differs from the one recently vetoed military officer, shall have an annual salary by the President.
of not less than $500, nor more than $1,200, Mr. ELIOT. I will answer that presently. | according to the service required of him. It Mr. CHANLER. I expect the gentleman
will be found that the amount of compensation to answer it, for it is vital to the bill.
that is fixed is so moderate and the limitation Mr. ELIOT. I now move to recommit the upon the appointment of clerks and agents so bill.
defined, that the bill cannot be fairly exposed bír. Speaker, I will endeavor to explain the to criticism of that kind. It provides that bill, and to answer the inquiry of the gentle. || military officers may be detailed to daty, and man from New York. I propose to take up distinctly confers upon the President the power, the bill section by section.
if in his judgment it is safe and judicious so to The first section continues the bureau for a do, to detail from the Army all the officers and term of two years. Gentlemen will see that agents of this bureau ; but no officer so asthat differs from the bill vetoed by the Presi- | signed shall have increase of pay or allowdent, which was indefinite in its duration.
It also provides that the CommisThis continues the bureau for two years, and || sioner, when it can be done consistently with removes one objection. If it becomes neces- public interests, may appoint, as assistant sary at the end of that time further to con- commissioners, agents, and clerks, such men tinue the bureau Congress will take whatever as have proved their loyalty by faithful service action may be deemed proper.
in the armies of the Union during the rebel. The second section provides the care of the
lion. bureau shall be extended to all loyal refugees The fourth section of the bill is rendered and freedmen. This is necessary. The law necessary by an inadvertent omission in the of March, 1865, was passed before the amend- law of 1865, which provided no mode under ment abolishing slavery. It was passed before which the Secretary of War could under that any slaves were made free except by military law issue medical stores. Of course it was order or military proclamation. There has necessary that medical stores should be issued been no law passed since the constitutional where no other means were at hand or possible amendment was ratified. There has been no to be obtained. But the law as passed in 1863 law, therefore, as I shall show in another con- did not contain the authority which is put in this nection, which embraces in its affirmative pro- fourth section, to issue such medical stores and visions any freedmen except such as were de- other aid as may be needful for the purpose clared free by the action of their own States or named in the section. It will be found that by the military proclamation of commanders the suggestion which was made, I think, by the or of the President. All other freedmen who gentleman from Ohio, [Mr. SHELLABARGER,] were the subjects of emancipation by constitu- has been adopted by providing that no person tional amendment are not at this time guarded shall be deemed “destitute," "suffering,'' or by any affirmative provision of law which Con- " dependent upon the Government for supgress bas enacted. The second section also || port," within the meaning of this act, who is varies from the previous law, which did not || able to find employment, and could, by proper receive the sanction of the Executive. It de- industry or exertion, avoid such destitution, fines the purpose of the law in the care of the suffering, or dependence. The last part of this freedmen, providing that such care shall only section is made necessary because of this fact, be extended to them as shall be necessary to that we expect very shortly that the regular enable them as speedily as practicable to medical force of the Army will be reduced to become self-supporting citizens of the United the minimum required for the service of the States, and to aid them in making the freedom || Army. As soon as that is done the volunteer which has been conferred by constitutional surgeons will be mustered out of the service, amendment available to them and beneficial and then there will be no medical force which to the Republic.
the bureau can have the aid of, because of the The third section simply confers upon the fact that there will be no surgeons retained President the power to appoint two assistant in the regular Army, whose duties will not be commissioners in addition to those authorized required for the service; and it is deemed inby the act of March, 1865. That act called' | dispensable that a provision should be made for the appointment of a commissioner in each simply authorizing the Secretary of War to of the States which had been in rebellion. It | continue in office, as surgeons of the bureau, was found absolutely necessary that the care the volunteer oflicers now employed, and to of the bureau should be extended to other fill vacancies with other volunteer surgeons upStates, and under the authority of law there | less suitable surgeons of the regular Army can has been no power to appoint assistant com- be assigned to duty. If such surgeons can be missioners excepting in those ten States. The made available, it will be the duty of the Comobject of this is, therefore, simply to authorize missioner to employ them ; but if the surgeons the appointment of two more assistant com- of the Army are reduced to the minimum nommissioners.
ber, and no other aid can be had, then tlie The bill which was heretofore passed called object of this provision is to provide some for a territorial division of the country into surgical and medical aid for the use of the districts, and it was thought unwise by the bureau. President that such power should be given Section five is the same as was contained in and that such districting should be had. This the other law excepting that instead of three bill contains no such provision. It simply ll millions of the public lands in the five States