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institutions. Without one cause on earth these the ever-loyal Republican party, to sustain its Union man up to the breaking out of the war, men plunged the nation into civil war, The wise and beneficent measures of reconstruc- and was dragged by mistake into secession. blood of hundreds of thousands of their coun- tion upon the basis of loyalty and liberty, What part he took in the war I do not know. trymen is on their souls. No previous charac | affords to Congress and the world ample evi- I know, however, that he remonstrated against ter, no certificates can remove from them the dence of the abandonment of the fatal theories the vile conduct of the representatives from crime of'rebellion against their country. Upon and policies of the rebellion, and of genuine the seceding States, but I have no doubt he the leads of these leading men rests the re- repentance for the errors of the past. I am has come within the disabilities of the law, sponsibility of the blood and the crimes of the ready, and I am sure Congress will be ready, because I understand he was for a time at least last seven years. Before the nations, before to remove the disabilities of such a rebel, and a member of the rebel congress. Mr. Jones God, these leaders of the rebellion are respon- the loyal heart of the country will readily wel. has been here since, and I have no doubt sible for the sorrow and agony of the great come the removal of such disabilities. I do desires the reconstruction of the southern civil war through which the nation has passed. ! not, however, ask that the rebel who does States. He lives in a State which has long In spite of their crimes against their country, work for repentance shall act with the Repub- || been in harmony with the Union, the State of which will blacken as the ages roll on, I shall lican party before I consent to relieve him. I Tennessee. I agree, however, that in this bill be ready to pardon any one of them whenever have recommended, and I shall continue to we ought to include no case which has not he manifests a disposition to submit to the recommend, the relief of gentlemen I believe been examined by the Judiciary Committee. authority of the Government, and to use the il to be fair-minded men ; men who are ready to I am very glad the Senator from Indiana proinfluences that belong to him as a citizen of the acquiesce in the results of the war, and to poses to withdraw his amendment, and the United States to maintain the laws of the stand by their country in the future, although Judiciary Committee will no doubt consider country. Whenever and wherever I see mani. such persons have no political sympathy with this as sufficient notice, and will inscribe the fested a spirit of loyalty, a disposition to do me, or with the great party with which I act. name of George W. Jones, of Tennessee, in justice to others, to accord to others what it Mr. HENDRICKS. Mr. President- the next roll of persons to be relieved from asks for itself, I shall hasten to relieve political The PRESIDENT pro tempore. The morn- disabilities. disabilities.

ing hour having expired, the Chair feels called Mr. CONNESS. I was just about to say Sir, I understand that this bill applies to two or upon to announce the fact that the unfinished that there was no indorsement which could be three States, and that the Judiciary Committee business of yesterday is regularly before the made of the character of a man that I would intend to report other measures of relief. As Senate.

sooner receive than that made by the honor. this is the first bill for the removal of political

Mr. HENDRICKS. I do not wish by my able Senator from Indiana; and after hearing disabilities, I think we had better pass it as it amendment to delay this bill.

him the second time, so far as I was concerned, came from the Judiciary Committee. Wesball Mr. WILSON. I hope this bill will be I was about to 'withdraw all opposition that! doubtless have at this session of Congress other passed.

had made to the amendment be proposed; and bills in which these amendments may be in: Mr. SHERMAN. I have no objection to if he shall see fit to allow it to remain I shall corporated by the committee after investigation. allowing the unfinished business to go over so withdraw all opposition. I have since the close of the rebellion been temporarily for a few minutes.

Mr. SHERMAN. I hope, then, it will be in favor of universal amnesty and universal suf- The PRESIDENT pro tempore. If there allowed to go upon the bill. frage. Had those under disabilities been willing be no objection, the order of the day will be Mr. CONNESS. I withdraw all opposition, to unite with us in according rights to others passed over informally. It is so ordered. their own disabilities might have been removed Mr. HENDRICKS. Mr. President, I served

but with the understanding that the safe mode ere this. But while these persons who were four years in the House of Representatives

is, as suggested by the Senator from Ohio, laboring under disabilities have demanded what with George W. Jones. I came to know and

that these cases be regularly examined by the

committee. they choose to call their rights, they have stren- esteem him as an honest man, as a clear-headed

Mr. HENDRICKS. What the Senator from vously striven to withhold rights from others. and able legislator. No man in the House of California says is most agreeable to me; it is Against their protest, against their active efforts, Representatives, in my judgment, was more against the protests and efforts of their friends, useful to the country; no man more contrib

very gratifying to me, indeed, and unless there Congress, after a two years' struggle, and the uted to save the public Treasury from thieves

be further objection I will leave my amend

ment to stand. people of eight States lately in rebellion, have and plunderers than George W. Jones. Natuachieved civil and political rights for the mil

Mr. MORRILL, of Vermont. I hope the rally an honest man, his nature was against all lions lately held in bondage. Many of these

amendment will be adopted. I knew Mr. wrong upon the public Treasury. I esteemed men, laboring under polisical disabilities, are hiin as one of the most useful of legislators;

Jones in the House of Representatives, and as

the Senator from Indiana and the Senator from madly striving to undo what has been done, and it was a pleasure to me this morning to

Ohio have said he was one of the most'useful to overturn what has been established, and to have the opportunity, as his friend, as one who take from their fellow-men rights they demand esteemed him as an honest man, and as a

men there in relation to the subject of claims for themselves. Now, I am willing that these useful citizen, to make this motion.

against the Goverment that I ever knew, with

But sir, the exception, perhaps, of Mr. Giddings. He men, quilty of the war, who were criminally from the Senate, from the Congress, I will not guilty during the war, and who are more bit- accept of his restoration to political rights through in spite of that, an honest man. He

was a bitter partisan; but he was, through and terly disloyal now than they were before the gruigingly. If it is not given cheerfully, war or during the war, should remain under because he has shown his devotion to his

is now an old man, and I trust there will be no political disabilities until the spirit of the country, because for years he stood out firmly,

opposition to the amendment. rebellion shall manifest itself less fiercely fearlessly, in the midst of much opposition,

The PRESIDENT pro tempore. The ques. in their acts than it now does, and until the against every movement in the southern Slates

tion is on the amendment of the Senator from hopes that led them into rebellion and now that tended to secession, let it not be given at

Indiana to the amendment of the Senator from animate them in their struggles shall have dis- all. It was because I knew this, because I

Nevada. appeared forever. Men who ask for the mercy knew that there ought not to be a moment

The amendment to the amendment was of their victorious country should at least deal of delay when you are restoring men for polit- agreed to. justly with their countrymen whose rights are ical considerations, to restore one man upon

Mr. STEWART. I move to amend the quite as sacred as their own.

the consideration that he was an honest man amendment by inserting at the end of the The Senator from Indiana wishes to remove and a faithful public servant that I offered this fourth section' a name which has been accithe disabilities of Mr. George W. Jones, of amendment. But sir, as it is contested, I shall || dently omitted, the name of Thomas J. Mackey; Tennessee, formerly a member of the House not accept it as a thing granted grudgingly, of South Carolina, an excellent man, very well of Representatives. It is true Mr. Jones and I withdraw the amendment. I was not known to gentlemen here. opposed the movements tending to rebellion, written to by Mr. Jones, no appeal was made The amendment to the amendment was but he bowed to the rebellion when it was to me for him. I wanted to do it as his friend, agreed to. inaugurated, and was a member of the rebel as one that knew him to be a good man.

Mr. VICKERS. I offer this amendment as congress. Whenever he shall ask for the Mr. SHERMAN. Before the Senator with- a new section: removal of political disabilites I shall be ready draws his amendment I desire to say a word.

And be it further enacted, That all legal and politto comply with his wishes. I have not learned Mr. HENDRICKS. Certainly, I will let it ical disabilities imposed by the United States upon that he has asked for the removal of disabil. stand for that purpose.

all citizens of the eleven southern States which were ities, or that he has manifested a disposition Mr. SHERMAN, I served with Mr. Jones

in rebellion in consequence of participation in the to acquiesce without a further struggle in the six years in the House of Representatives. He

recent rebellion be, and the same are hereby, re;

moved: Provided. That each of said persons shall policy of the Government, essential to secure was one of the oldest members in consecutive first take an oath before a judge of a court, or before the unity of the country and the liberties of service. Mr. Houston and Mr. Jones were, I

the clerk or prothonotary of the county where he may the people. In voting to remove political think, the oldest members of the House in

reside, that he will support the Constitution of the

United States. And that this section shall not apply disabilities I do not require that the person consecutive service while I was there. Mr.

to anyone who may be under indictinent for a viola relieved shall be a believer in my political Jones was undoubtedly what the Senator from

tion of the Constitution or laws of the United States. faith, or a supporter of my political principles. | Indiana says, a thoroughly, honest, reliable

The amendinent to the amendment was The Republican party had no traitors in its man; one of the most useful legislators from rejected. ranks. It never had any sympathy with treason any section of the country we had in the House The amendment of Mr. STEWART, as amended, or with traitors. It overthrew slavery, the of Representatives; and I have no doubt that was agreed to. inspiration of the rebellion, and has given to the Judiciary Committee would have proposed the emanciputed bondmen the rights and priv. to relieve him from all political disabilities if

The bill was reported to the Senate, and the ileges of American citizenship. To support Il his case had been brought to them. He was a

amendment made as in Committee of the whole was concurred in. The amendment

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to be engrossed, and the bill to be read the third States, and in other countries having civilized Mr. CONNESS. Who are not party men! time. The bill was read the third time. institutions, by which clemency, pardon, the Mr. HOWARD. They are not partisan

Mr. BUCKALEW. I desire to say a word dispensing with laws is everywhere lodged with men, of course; they are entirely above all before the bill is passed. I understand that the executive power of the Government. It party considerations. It is very true that every opposition to it would be entirely fruitless; cannot be exercised by a numerous body. If mother's son of them during the recent imand I shall content inyself with a vote against it is lodged with them it must become a thing peachment trial, not as a party measure, of it without asking for a formal call of the yeas odious and unjust; it must be partial and un- course, [laughter,), voted for the acquittal

fair; it must be partisan and partisan only; of the accused. It was their consciences, 1 object to the system of legislation of which and if any persons are included or brought undoubtedly, that led them to that conclusion. this bill is an illustration, in the first place, within the scope of a system of irregular benev- I find no fault with it. But let them remember because this is a sort of exercise of pardoning olence of this kind who do not belong to the that the country may look upon that unanimity, power by Congress. I consider it a very bad political party in power, it must be simply to so singular among so many lawyers of this and pernicious system in itself. In the next give an odor of apparent fairness to a system | body, as a little suspicious, especially when place, 1 object to it because it must necessarily which is essentially unjust.

they boast of their conscientious convictions be partial and unfair. I am told that there I do not, as I said, choose to protract debate and denounce us for indulging in partisan are about four hundred names in this bill. Out on this subject. I have simply said so much measures! of that whole number I know only two upon to indicate the vote which I shall give on this Mr. DOOLITTLE. The honorable Senator one side of polities. There may be more, but and on all other similar bills short of a general | will allow me a single question. It is this--the number is scarcely worth counting. Nearly bill which shall remove disabilities. I would Mr. SHERMAN. This debate is going on the entire number of the four hundred are vote for a bill which removed disabilities as a by unanimous consent, and I hope it will not selected with reference to party objects. A general rule, leaving some particular excep- be protracted. convention to form a constitution meets in tions, because, in substance, that would be Mr. DOOLITTLE. I merely wish to ask & North Carolina, and the political majority in repealing your former laws. ' I am willing to question. the convention pass around the State, pick out vote for anything which is in the nature of a Mr. HOWARD. If the honorable Senator their prominent, active, useful political friends, repealing statute, or substantially a repealing wishes merely to put a question to me, I have and they recommend them in a body here to statute, but for no bill which is in its nature a no objection to yield. Congress. They desire these men to take the dispensing statute, a statute dispensing with Mr. DOOLITTLE. My question is simply offices of the State, wield the political influence the existing law.

this: whether the honorable Senator does not of the State, and to be useful to the party Mr. HOWARD. If the honorable Senator | think that his question to the Senator from organization in the future; and these names, from Pennsylvania, before he takes his seat, Pennsylvania is a pretty long one? [Laughunder that general recommendation, are re- will answer me one short query, I shall be ter.] ported as a matter of course from the Judi- | obliged to him. If I understand him correctly, Mr. HOWARD. The Senator from Pennciary Committee, who know nothing about the he holds, or seems to hold, that the rebels | sylvania bad taken his seat. individuals, and they are passed here upon the incurred no disabilities whatever which Con- Mr. DOOLITTLE. You asked him to give ground that the convention has recommended ) gress can recognize. Did I misunderstand the way for a question. them. gentleman ?

Mr. HOWARD. He had taken his seat, and Then we are told that some names have been Mr. BUCKALEW. I did not say so. I took the floor properly. added by the committee, on the recommenda- Mr. HOWARD. I understood him so to Mr. President, the gentlemen who fiing this tion of whom? Of these political gentlemen intimate; and I think that his argument when charge out so flippantly and constantly may as from the South who have been chosen to oflices properly analyzed will come to exactly that well take it for granted from this day forth that, or expect to hold offices under the new consti- result. Now, sir, I dissent entirely from such as Republican Senators, we shall not be very tutions, and who are in political accord with a view of the subject. I hold that by waging 1) swift to readmit into a participation in the the majority of Congress. A few of those war upon the Government of the United States affairs of this Government rebels who have names are added. One name I believe was and committing treason, as they did by whole- | always been their friends, whether they are the added in committee upon the other side, and sale, the persons thus acting became enemies friends of rebels now or not. We shall not be one has been added by a vote of the Senate of the United States. They have been so con- very ready to admit back into Congress and just taken. I consider those additions of a sidered by the whole community. They have into a participation in the affairs of the Govfew names to be quite politic, as it gives a sort been so treated by the authorities of the ernment and the country those red-handed of odor of fairness, though in an infinitely United States, civil and military. They bave rebels who have given us heretofore so much small degree, to the proceeding. But sub- been so regarded by our courts of justice, and trouble, and are still virulent and unrepentant. stantially this kind of legislation inust be purely adjudged to be enemies of the United States. They may well take it for granted ihat we partisan in its character. It can be nothing Now, how has it come to pass that in a war, intend to have some security for the future else. I am not complaining of gentlemen of although it is characterized sometimes as a against the recurrence of the bloody war which the majority who make up bills in this way and civil war, and properly, perhaps, the prevailing their southern friends and protegés have waged pass bills of this character. If we are to enter party has no authority to impose terms upon against us. For one, sir, I am bound, if I canupon the system at all it is in human nature, the opposite party when they are to be received not have indemnity for the past, to have at it is inevitable, that the system should be such again into fellowship and admitted to the en- least permanent security for the future; and I As I have described it.

joyment of political rights? I hold, sir, that will knowingly relieve no one of them from bis Now, sir, nothing can be clearer than that the by waging war upon the Goverument of the disabilities who still harbors in his heart the power to remove disabilities incurred by crime ) United States these people were public ene- spirit of rebellion. is a function which pertains to the Presi- mies. They so denominated themselves. They Sir, I think we had better make a little somedent of the United States under the Con- claimed to be the enemies of the United States. thing out of the victories we have achieved, stitution. This legislation is in the nature-1 | They boasted of it. It was with them a matter and not fling them away, as the honorable Senwill not assert that it is absolutely so-but it of exultation and pride.

ators on the other side of the Chamber wish us is in the nature of a usurpation of executive Now, the war having closed, that is, the to do. I believe in no such doctrine. In mak.

In the first place, under a general actual fighting having closed, while we are in ing a bargain I will see to it that I get the best law, you impose penal consequences upon past

process of settling the controversy and effect- of it if I honestly can. conduct by an ex post facto law. Whether you ually suppressing the rebellion and reëstab- Mr. BUCKALEW. Mr. President, the Senadminister that system through the courts, or lishing peace upon a secure and permanent

ator from Ohio [Mr. SHERMAN] is very anxious administer it directly through political agencies, basis, may we not declare that such and such to get up his bill, which is the regular order. is immaterial. The nature of the thing is to

persons, once enemies of the United States, I am, therefore, precluded from answering punish men for their conduct, and punish them shall be and remain permanently or tempo- the Senator from Michigan. I will, however, for crimes which they have committed ; and rarily, if we say so, under disabilities; and may make one remark. His speech about rebels then Cougress reserves to itself a dispensing we not properly whenever we see fit, as the and against rebellion, a speech which he power, which is in its nature a pardoning law.making power, the prevailing party, relieve always makes with such force, with such expower; and you are exercising that by this those persons from those disabilities? And

actness of language and warmth of manner, is may we not do this without incurring the charge misapplied upon this bill. This is a bill to On principle, therefore, this whole system which is perpetually hurled against a majority relieve rebels. That is its very object; and is , in my judgment, open to the strongest, of this Senate of indulging in partisan legisla- therefore declamation against rebels and the clearest, most powerful objections; and besides tion? Sir, there is no partisanship in it. enormity of their offense is quite out of place, that, when you come to look at it practically A few days ago the lionorable Senator from at least from the mouth of a gentleman who you discover what it is and what it must be in Indiana, (Ir. Hendricks,] in commenting proposes to vote for this bill. All that is be1!! very nature, an unfair, partial, and parupon the bill for the extension of the Freedmen's

tween the Senator from Michigan and myself, tisan system. You can make nothing else Bureau, saw fit to characterize that great and is the point of thus selecting one kind of rebels of it. It does not make any difference who beneficent measure as another partisan measure. in preference to another kind, The Senator administers it, what class of men in Congress It seems that we can do nothing, we can devise from Michigan would prefer to select for his vote these bills through; such must be its char

no measure that does not attract these odious clemency those red-handed and horrible rebels in this very fact, we have a proof of the wis inter everlastingly and always. And herein, 11 epithets from our opponents on the other side who are likely to vote for bim, possibly to give

of the Chamber. Whatever we do, be it this him success in the elections of the present dom of those constitutional arrangements in thing or the other, is sure to be stigmatized as year. While he is selecting rebels, “red handed the l'ederal Government, and in the several a partisan measure by them.

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choose that he should select a little from both ceeding with the regular order, the Chair and there, I believe, is the point of difference sides, so that there should not be any disturb. desires to lay before the Senate certain bills. between the party to which he belongs and the ance in the effect on our national politics. Mr. BUCKALEW, I desire to make one party to which I belong.

I am not asking him to emancipate anybody remark. I am very much averse to cutting off Mr. DOOLITTLE. Mr. President, this bill at present; I am proposing no bill; I am the Senator from Michigan from any response, assumes that the fourteenth amendment prosimply criticising this bill for the emancipation and I hope the Senate will let him have the posed to the Constitution has already been of rebels from the horrible condition of polit- i floor.

adopted, and that these persons are in fact ical interiority in which they are plunged by Several SENATORS. Let us pass this bill. under disability; that, although as citizens of congressional legislation, and I am suggesting, Mr. SHERMAN Debate is not in order the United States they have been convicted simply as a matter of criticism, a sort of polit- on that. I am perfectly willing to take a vote of no criine whatever, they are under political ical speculation of and concerning this legis. on the passage of the bill, but

disabilities and made incapable of holding lation, that when you come to pick rebels by Mr. HOWARD. But you are not willing office. I dissent from that assumption altospecial delegation in congressional bills you to hear a word from the Senator from Mich- | gether. will be very apt to pick those who will vote igan,

Mr. CONKLING. How does it do it any with you, who will assist you to hold office and Mr. SHERMAN. When the friends of the more than the reconstruction act? to maintain predominance in authority in the bill are not willing to allow a vote to be taken Mr. DOOLITTLE. In relation to the reGovernment of the United States; and hence upon it, when debate will evidently delay construction acts imposing disabilities I never the inconvenience of this system. I grant the action upon it, I certainly have a right to

believed that an act of Congress could impose Senator from Michigan that if my political object.

a disability. friends were in power and were administering The PRESIDENT pro tempore. The order Mr. CONKLING. No; but how does this a system of this kind they would do precisely of the day is before the Senate.

assume anything more than that? the same thing. They would follow the law Mr. STEWART. I move that it be tempo.

Mr. DOOLITTLE. Perhaps it assumes of their own interests, and in emancipating | rarily laid aside ; and let us try to get a vote nothing more than that; but, sir, an act of red-handed rebels, bloody from the terrible on this bill.

Congress can no more put a inau under dis. scenes of the late war, they would select men The PRESIDENT pro tempore. You have | abihiies until he be tried and convicted of who would give them political influence in the tried it once.

some offense against the Government than an Government and maintain their authority, Mr. STEWART. I know we have tried it act of Congress could direct a guillotine to be

The Senator does not perceive that my re- once, but I think we can succeed this time. erected and drag a man to it and take bis marks, made only in vindication of the vote I Mr. SHERMAN. You can get a vote in the head off. The whole attempt to do it is utterly propose to give, were directed to this general morning withont any trouble.

unconstitutional and void. But if the constisystem, and were not intended to criticise or to Mr. STEWART. I do not think there will tutional amendment known as the fourteenth complain particularly of his action, because I be any further debate. I make the motion for article is adopted, then it becomes a part of know that rests in human nature. We are so this reason

the constitutional law of the land, and could fallible, so imperfectly constituted, that we fol- The PRESIDENT pro tempore. The reg. impose disabilities. I supposed that this bill low our own interests; and when we act as ular order can be passed over by common must assume, as a matter of course, that that party men we follow our party interests. It consent.

article had been adopted, or it could not is the system that is wrong, a system which Mr. SHERMAN. It is utterly idle to do it. assume to relieve disabilities. In my judg. cannot be administered fairly and justly and I object.

ment there is no such power. As a matter equally; which will always be perverted to the Mr. STEWART. Give us five minutes. of course other gentlemen who believe that interests of the party to whose hands it is com- Mr. SHERMAN. Five minutes would not they have the power to impose disabilities by milted. I am endeavoring to call attention to be enough, nor twenty.

law will take the opposite ground. this subject, so that at an early day--not at this Mr. TRUMBULL, (to Mr. SHERMAN.) Give Mr. TRUMBULL. If the Senator will moment-we shall return to sound principles. us until two o'clock, and if we do not pass it allow me, the bill was purposely framed so as Of course this bill is going to pass, and the by that time we will take up your bill. to avoid deciding the question. If you will brain of the Senator from evada is doubtless Mr. SHERMAN. am perfectly willing to look at the wording of it, you will see that it teering with other bills, which will doubtless agree to that it that is the understanding. declares "all legal and political disabilities be introduced by him into this Chamber, and The PRESIDENT pro tempore. It is moved imposed" are relieved. If there are any, wbichi, possibly, we shall pass before we ad- that the regular order be postponed until two then the intention is to remove them; if there journ. I am calling attention to the subject, o'clock, with a view of taking a vote on this are none, the bill will.do no harm. so that when the sober second thought bill.

Mr. DOOLITTLE. I do not care to dwell comes after a little, when the pinch of the The motion was agreed to.

on this point. The principal difficulty is this: political emergency bas passed, we shall return Mr. HOWARD. I have but a word to it is impossible for the Judiciary Committee to to sound principles with reference to this sort say.

try the filty or one hundred or two hundred of legislation, and when we come to deal Mr. DOOLITTLE. I understood I had the thousand cases of persons at the South resting with red-handed rebels" we shall attempt floor when the Senator from Ohio called for under disability. The doctrine contended for to deal with them equally and justly upon the order of the day.

here is that the case of every individual inust principles of public policy, instead of party Mr. SHERMAN. You can divide the time go to the committee and be examined, and the expediency. between you

committee inust have good reasons for reportMr. HOWARD and Mr. DOOLITTLE. Mr. HOWARD. The difference between ing in any particular case, where a man is tried, Mr. President

the bonorable Senator from Pennsylvania and in lavor of relieving him from his disabilities. Mr. STEWART. I hope we shall have a myself appears to be thuis, when expressed It is practically impossible to do justice to

briefly and clearly: he would pass a bill re- these persons in that way. It is impossible in Mr. SHERMAN. I call for the regular order moving all disabilities from rebels, making it the very nature of things. Therefore I insist of business.

of universal application, thus readmitting to that Congress should provide some general Mr. HOWARD. Just one word. I wish to their political rights every person who is al- law by which these persons who are to be make a single remark.

ready under political disabilities, while I would freed from the disabilities existing upon them Mr. SHERMAN. I call for the regular order simply follow out the policy of this bill and can be tried by so!ne tribunal, as it is impossible of business, and I hope the Senate will proceed readmit to political rights only such rebels as for the question to be tried here in Congress, with it.

have brought forth fruits meet for repentance. As to the number of persons resting under The PRESIDENT pro tempore. The Sena. || That is the simple difference between the Sen. disabilities, some personis estimate that tilly tor from Ohio moves that the Senate proceed | ator from Pennsylvania and myself.

thousand will cover the number. Why, sir, 'to the consideration of the unfinished business Now. sir, I take it for granted that the com- there are twenty-five thousand in Alabama of yesterday.

mittee who have had this bill under considera- alone, as the facts go to show. Under the first Mr. STEWART. I call for a division on tion have investigated the merits of every person law that Congress ever passed on this subject that motion.

whose name is iuserted in the bill, so far as it every man who ever held any State office, Mr. SHERMAN, I call the attention of the has been practicable for them to do so, and executive, judicial, or legislative, who was Chair to the fact that the unfinished business that they have learned that they have become required to take an oath to support the Concomes up as a matter of course when called

repentant; that they are willing again to coöp- stitution of the United States, was put under for. It is not necessary to take a vote.

erate in the Governinent of the United States, disabilities. The estimate whicb gentlemen The PRESIDENT pro tempore. That is and to abandon the rebelism which has made make of there being only fifty thousand of these true. It was informally passed over.

them insane heretofore. Whenever such a case men is utterly without foundation. Mr. SHERMAN. I call for the regular shall present itself to me hereafter; whenever Now, in relation to this bill, and simply to order.

I find a person who has once been a rebel, who show how unjust these proceedings must neces: Mr. DOOLITTLE. I believe I had the floor has heartily, cordially, and honestly abaudoned sarily be, I have before me papers from North when the honorable Senator from Ohio called his rebel sentiments, and is willing to return to Carolina which show how these recommendafor the regular order of business; but if the his ancient allegiance, I will vote to relieve tions came here to the committee that the disregular order is up

him of his disabilities; but I will not vote for abilities should be removed from these two Mr. SHERMAN. It is up.

a bill such as the Senator from Pennsylvania | hundred persons. Mr. DOOLITTLE. Then I have nothing seems to suggest, relieving at one grand sweep tion of their party friends. to say,

from disability every rebel within the limits of The PRESIDENT pro tempore. Before pro- the United States. There is where we differ, Il Senator if that explanation is from Austin

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from the same person from whom he presented The question being taken by yeas and nays, The PRESIDENT pro tempore. The bill
& memorial the other day?
resulted-yeas 35, nays 6, as follows:

will be referred to the Committee on Indian
Mr. DOOLITTLE. No, sir; it is not from YEAS-Messrs. Anthony, Cameron, Cattell, Chand- Affairs, if there be no objection.
Austin. Some two hundred or more names ler, Cole, Conness, Corbett, Cragin, Ferry, Fessenden, Mr. SHERMAN. As that is a matter of

Harlan, lenderson, Iloward, Howe, Johnson, Morwere sent forward here by party friends in

kan, Morrill of Maine, Morrill of Vermont, Morton, pressing vecessity, I think it should go to the I already

North Carolina, certifying that they ought to Nye, Patterson of New Hampshire, Patterson of Ten- Committee on Appropriations. It came froin
have their disabilities removed. The Judiciary nessee, Pomeroy, Ross, Sherman, Sprague, Stewart, the Committee on Appropriations in the House,

Sumner, Thayer, Trumbull, Van Winkle, Willey,
Committee could practically know nothing
Williams, Wilson, and Yates-35.

The PRESIDENT pro tempore. It will be
about them. They took this certificate; the NAYS--Messrs. Buckalew, Davis, Fowler, Mc- referred to the Committee on Appropriations.
names of those persons were put in the bill ; Creery. Vickers, and Wade-6.
ABSENT-Messrs. Bayard. Conkling, Dixon, Doo-

CIVIL APPROPRIATION BILL, and it is to be passed through. Of necessity,

little, Drake, Edmunds, Freiinghuysen. Grimes, HendISUWALE you do no justice in the case. It is simply a

Mr. POMEROY submitted an amendinent, ricks, Norton, Ramsey, Saulsbury, and Tipton-13. recommendation to us based upon the recom- The PRESIDENT pro tempore. On this

to be proposed to the bill (H. R. No. 818) mendation of party friends in North Carolina ; question the yeas are 85 and the nays 6. Two making appropriations for sundry civil em and it must be so. I do not blame the com- thirds having voted in the affirmative, the bill penses of the Government for the year ending mittee, because they cannot examine the cases

June 30, 1869, and for other purposes; which

passed.
and try two hundred men before the commit- On motion of Mr. STEWART, the title of tions, and ordered to be printed.

was referred to the Committee on Appropria-
tee. They cannot try fifty thousand men and the bill was amended so as to read: A bill to
determine this question. We have got to relieve disability of certain persons engaged in
determine it by some general law. There is the late rebellion.

The PRESIDENT pro tempore. The special 110 other way in which justice can be attained.

order is now before the Senate.
I have no purpose to speak with a view to
delay the action of the Senate. I have never,
A message from the House of Representa-

The Senate, as in Committee of the Whole, I believe, spoken before the Senate for the tives, by Mr. McPherson, its Clerk, announced resumed the consideration of the bill (S. No. purpose of occupying time. I simply desire to that the House had passed a bill (H. R. No. 440) supplementary to an act entitled "An act present these points which force themselves

1218) appropriating money to sustain the In- to provide a national currency secured by a upon my mind. I desire that the Judiciary thereby, in which it requested the concurrence dian commission and carry out treaties made pledge of United States bonds, and to provide

for the circulation and redemption thereof," and te Committee should bring forward some general

of the Senate.

approved June 3, 1864, the pending question proposition requiring a man to give bonds, or that be take oaths of allegiance, or something,

The message also announced that the House being on the amendment of Mr. Davis to the be fogo

amendment proposed by the Committee on 80 that it can be applied generally, and not

had agreed to the amendment of the Senate to
applied simply to partisans on one side; that the bill (H. R. No. 870), to remove political Finance as the fifth section of the bill. The
if a man believes in certain political doctrines disabilities from Roderick R. Butler, of Ten- amendment of the committee is in these words:
we will remove his disabilities.
nessee.

Sec. 5. And be it further enacted, That section
I have papers before me referring to several
The message further announced that the twenty-two of the act aforesaid be so amended that

the inaximum limit of national circulation, fixed by of the persons named in this bill

, showing that

House requested the return of the joint reso- said act, is hereby increased the sum of $20,000,000, lacton (H. R. No. 291) giving additional com

which amount shall be issued only to banking assoIn they were among the most active among the

ciations organized in States and Territories having secessionists of North Carolina, stating partic- pensation to certain' employés in the civil

a less circulation than five dollars per each inbabularly what part they took in the rebellion;

service of the Government at Washington, || itant, and so as to equalize the circulation in such but I do not desire to mention them by name,

yesterday transmitted to, the Senate for con- States and Territories in proportion to population. nor to go into the details or the particulars.

The amendment of Mr. Davis is to strike It would take up time to do it; but among the

ENROLLED BILLS SIGNED.

out all of the section after the enacting clause list contained in the bill are men who were the The message also announced that the Speaker and to insert: most active of all the secessionists of North of the House bad signed the following enrolled That there shall be withdrawn by the Comptroller Carolina-men who were members of the con

of the Currency from the banks of any Stato or Terbills; and they were thereupon signed by the

ritory that may have an excess of circulation notes vention, who signed the ordinance of secession, President pro tempore:

upon the principles of their distribution as regulated persons who administered the laws in relation A bill (S. No. 534) relating to contested elec- by law and the rules established by the Treasury to conscription, persons who administered the tions in the city of Washington, District of

Department, and the circulation notes so withdrawn

shall he distributed by the Comptroller of the Curlaws in relation to the shooting of deserters by Columbia; and

rency among the national banks of such States and hundreds, men who were the bloodiest kind of A bill (H. R. No. 870) to remove political Territories as may bave less than their proper prorebels, if we are to judge from the part they took | disabilities from Roderick R. Butler, of Ten- || portion of circulation

notes. in the rebellion. But, sir, I do not care to go

Mr. VAN WINKLE. Mr. President, I wish into the details or the particulars. I simply RETURN OF A JOINT RESOLUTION.

to submit a few remarks in reference to the desire to protest that this is not the true mode in which to reach this evil. The Judiciary

Mr. SHERMAN. I move that the joint section now under consideration--the fifth secCommittee should provide some general legis

resolution (H. R. No. 291) giving additional | tion of the amendment offered by the Senator lation, so that if a man brings himself within compensation to certain employés in the civil from Ohio. I am disposed to vote for the sec

tion as it stands in the bill, if it can be so certain rules to be established he shall be

service of the Government at Washington be

returned to the House of Representatives in passed, although I think it proper for me to Mr. FOWLER.' I suppose that the clause accordance with the request they have just sent

declare my dissent from some of the principles

which it contains. I accept it as a good deal in the constitutional amendment which this bill The motion was agreed to.

less than half a loaf when we cannot get the is intended to provide against was inserted for

whole. I think something further should be the reason that these persons in the south

EXECUTIVE COMMUNICATION.

done in reference to the want that this section ern States were not deemed safe persons to

The PRESIDENT pro tempore laid before proposes to remedy. I object particularly to exercise the right of suffrage and hold office.

the Senate a report of the Secretary of War, || the last clause of the section, although I do If that was true at the time that clause was communicating, in obedience to law, a staie. not know that its remaining in the section can inserted in the constitutional amendment, it is ment of contracts made by the quartermaster's do any harm. The words are,

" And so to true to-day, in my judgment. I do not think department during the month of May, 1868; || equalize the circulation of such States and Ter. a suficient length of time has elapsed to en:

which was referred to the Committee on Mili. ritories in proportion to population." Popuable us to determine whether these persons are

tary Affairs and the Militia, and ordered to be lation is so manifestly an improper means of Fet competent to exercise the right of fran. printed.

estimating the fair share of circulation which chise. If it had, I see no good reason why RECEPTION OF THE CHINESE EMBASSY. should go to each State and Territory, that I the bill might not be made general and applied Mr. JOHNSON. The Chair did me the

presume I need not discuss it at any length. to all. A great many of the persons included in

If the distribution of circulation now was conthis bill are not much betterthan the others. In honor, yesterday, to appoint me one of the

fined to population, especially at the rate bere my opinion, it would be better to postpone

committee to provide for the reception of the this subject until the whole country is satisfied Chinese Embassy in the Senate Chamber. I fixed, at five dollars per head, I should like to

ask my friend from Rhode Ísland [Mr. Anthat these persons ought to be admitted to am called away by other duties, and shall not

THONY] what would become of his State ? and be able to discharge this particular function, as citizens of the United States, and then a general bill could be passed by the I therefore ask to be excused, and that my

I might ask the same question of the Senators

from Massachusetts where the population is Congress of the United States for the relief of place may be supplied by the Chair.

small compared with the extent of their busithese men. I shall, therefore, vote against

The question being put, Mr. Johnson was excused.

I am desirous also to make these remarks, The PRESIDENT pro tempore. The ques

The PRESIDENT pro tempore. The Chair tion is on the passage of the bill. will appoint Mr. Hendricks in place of Mr. because a sub-committee consisting of two

members of the Finance Committee, the SeuMr. STEWART. On that question I call Johnson on that committee.

ator from New York, [Mr. MORGAN,) and our

late associate, Mr. Guthrie, and myself, preThe bill (H. R. No. 1218) appropriating | pared and submitted to the Senate a bill on tion will be taken by yeas

and nays, it being money to sustain the Indian commission and this subject of the equalization of the circula necessary that two thirds should vote for the

carry out treaties made thereby was read twice tion throughout the Union, which was referred by its title.

to the Finance Committee. As that measure

nessee.

entitled to amnesty.

to us.

their privileges

ness.

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received no action at the previous session Icording to the opinion of some officer of the their circulation, it would still lighten the diffi-
again prepared the bill, with some slight modi: business, &c., of the States. That plan pro- | culty a great deal, and it would cost them far
fications, and submitted it to the Senate and posed to reduce to certainty what can be less.
had it referred to the Finance Committee at reduced to certainty and ought to be reduced It may be said that this capital would have
this session. I am thus, I may say, pledged, to certainty. It proposed to resort to the to be supplied from the East. Grant it; it
as it were, to the increase of the circulation, census, the decennial enumeration of the busi. | would only be making a permanent loan to the
and upon principles which appear to me much ness and persons of the United States ; and West, a sufficiency, perhaps, for the removal of
more just and equitable than the section that taking that as the basis to ascertain what is the the crops, and it would not be thrown period-
is now before us. However, as I have said, I population and what is the production of every ically almost into convulsions by the high prices
will accept that section as a part of this bill, State, and by compounding those ascertain of money.
supposing I can get nothing better, because I the ratio. As I said before, I am satisfied As I have already stated, I am disposed to
know that the want of additional bank capital that that is the fairest and most equitable way || vote for this amendment of the committee, as
is great, and that plain justice, to say nothing | by which this could be done; but I was not we can get no better ; but I thought it due to
of the business of the country, demands that wecided precisely to that plan if a better one, | myself, and those who were associated with
some such provision should be extended. or one apparently better, could have been me, to say that we had prepared a different
In the bill of which I have spoken the sub- suggested.

plan, which would have been submitted to the
committee endeavored to ascertain some fair As a further provision, when this ratio had Senate if it had met the approbation in full or
ratio upon which this equalization could be been ascertained, $300,000,000 were to be the committee. I have stated my own views
based. The previous legislation on the sub- apportioned among the several States. Three | and reasons, and I doubt not those of the gen-
ject had established the rule that one half of hundred million dollars was the limit of the cir. tlemen who were associated with me. But as
the circulation was to be distributed according | culation of these banks. Every State was to be I cannot get that plan, or cannot get a proper
to population, and the other half according to assigned its portion under that $300,000,000, distribution of this circulation, as I am sure
the business, banking capital, &c., of the State, and States that had not their fair share now those whom this amendment will relieve are
in the judgment of the Secretary of the Treas- were to have it after. That would still leave entitled to this additional circulation, I shall
ury, or of the Comptroller of the Currency. some States in excess to a greater or less degree. || vote for the amendment.
By some means, when the new banking law The increase is not so great as it would at first Mr. DAVIS. Mr. President, I frankly con-
was passed this section was left out, and after- appear, as I provided that the circulation of fess that I am not well informed on the sub-
ward, after an interval of a year or more, the the banks in States having an excess should be ject of finance, bank circulation especially. I
section was again inserted; so that that now reduced ten per cent. of their capital; that is, | admit the defect of my information generally
stands as the rule for equalizing the circulation, those now circulating ninety percent. of their | in relation to those subjects. The amendment
and the only rule.

capital should circulate eighty per cent. ; but that I have offered is simply to attract the I ask the pardon of the Senator from Ken- this reduction was not to take place except as attention of Senators to the matter that they tucky [Mr. Davis) for forgetting that his prop- the bills were returned to the Treasury to be may consult together and make propositions, osition is under consideration at the present destroyed, and in case of a bank failing, or and in the future adopt the wisest and most time; but my remarks have as much reference anything of that kind, of course it would lose | just tbat can be made. That is all the purto his amendment as they have to the measure the benefit of that circulation afterward. pose I have in relation to this matter. before us.

My calculation was--and I must again apol- Mr. President, we have a most extraordiIt was under these circumstances that the logize for a calculation that is made upon such nary system of banking in the United States. New England States obtained an excess of the vague data, but I made it the best way I could The States may incorporate banks, but those circulation; and I am happy to say that, in my and after considerable reflection--that that

banks can issue no paper for circulation. The opinion, it was by no means their fault. It was would add not to exceed $10,000,000 to the entire circulation of the banks of the United not in consequence of any grasping disposition circulation of the whole country, and it is States is furnished by the Government of the on their part, or any desire to obtain for them. done in this way: the excess that is now United States, and according to the report of selves what they were not willing to allow to talked of, for instance, in the State of Massa- the Comptroller of the Currency the aggregate others. On the contrary, when this banking | chusetts, is not as great as it is represented ; amount is about three hundred and three or law was first passed, when the system was first that is, it is represented as much greater than three hundred and four million dollars. I think put in operation, the banks and the people of it would be on a fair and equitable distribution the honorable Senator from West Virginia svas New England and of every other portion of the of the circulation. I had provided, also, that about right, that the aggregate amount of circountry were strongly solicited to embark in the first benefits of this increased circulation culation, according to the Comptroller of the it in order that the system might be started. should be given to State banks for six months | Currency, is about three hundred and three or

Again, when it was found that it was impos. || from the passage of the act, taking that feature three hundred and four million dollars.
sible that the national circulation and the cir- from the amendatory law which was introduced Mr. VAN WINKLE. A little less. Three
culation of the then remaining State banks here, and to which I have already referred. I hundred million dollars is the limit.
could exist together, or could circulate to- then had a further provision similar to that Mr. DAVIS. This report says about three
gether withont disadvantage, at least to the offered to this section by the Senator from Ver- hundred and three million dollars.
national circulation, they were strongly urged mont [Mr. Morrill) yesterday, namely, that Mr. VAN WINKLE. There must be a
to convert their remaining State banks into if the circulation at any time exceeded deduction there for bills returned.
pational banks, which they generally did ; and, $300,000,000, a number of greenbacks equal Mr. DAVIS. Well, a little less than $300,-
in fact, an amendment was passed to the law in amount to the excess should be withdrawn 000,000; that is the limit. Now, sir, how is
at that time by which the preference was given from circulation and permanently destroyed. this circulation distributed among the States ?
to the remaining State banks. They availed I think this plan provided, perhaps, for any Maine bas $7,519,386 ; New Hampshire,
themselves of this, and the result is that they case that was likely to occur, and ought not, $4,223,355 ; Vermont, $5,722,780; Massachu-
have pow an excess of the circulation.

I think, to be obnoxious to the objections that setts, $57,429.205 ; Rhode Island, $12,508,There is another consideration connected have been made on this floor on both sides. 670; and Connecticut, $17,550,685; making with it. On the plan that I proposed the In the first place, it had the grand merit, or ani aggregrate to the six New England States excess would not be so great as it now seems; purported to have, and was designed to have, of $104,954.081; a sum considerably in excess and from some calculations that were made at the grand merit of being equal and just to all above one third of the whole amount of the the time by myself and the gentlemen asso- the States and Territories. In the second entire circulating notes of the United States. ciated with me in the sub-committee I am per. | place, the increase, if any, would have been New York has $72,558,865; New Jersey, suaded, although our data were considerably very slow and gradual, because banks cannot $9,150, 165; Pennsylvania, $39,330,070. The vague, that the State of New York, for instance, be established in a day, and if there was any

aggregate of the circulation notes distributed has not to-day any excess of circulation. excess of the amount designed as circulation to these three States, New York, New Jersey,

I will, with the permission of the Senate, for the national banks it would be got rid of and Pennsylvania, amounts to $121,039,000). state some of the features of that plan. By by redeeming, as many greenbacks. I think So that the New England States have an excess it population was an element in ascertaining tbat the one circulation, for all practical pur- of several millions over one third of the whole the ratio of circulation, but it was not the only poses, especially with the resumption of specie circulation; and the States of New York, New element. It was compounded with the pro- payments, would be as good as the other. I Jersey, and' Pennsylvania having an excess of ductions, mineral, manufacturing, and agri- do not see that any injury would have been $21,000,000 above one third of the whole cultural, of each State ; that is to say, the effected in any way, while the general inter: amount of the circulation. amount to be given to each State was ascer- ests would, perhaps, have been benefited. Ohio has $18,454.280 of circulation, and tained by a compounded ratio of its population I should like to call the attention of my Indiana has $11,042, 240 of circulation. I and production. Although I should not, if that western and northwestern friends, and perhaps suppose that these two States have something bill was before the Senate, insist upon pre- others, to this consideration. We are plunged || about their just proportion of the circulation cisely that mode of ascertaining it, I am sat- every year into a time of shortness of money notes of the United States, but there is a istied it is the best that could possibly be and high exchanges. High prices must be great excess over this just proportions given to adopted. Under the law as it stands, it is not paid for money whenever the crops come to be the New England States, and also to the even a combined ratio of population and pro- moved. We have not banking capital enough. / States of New York, New Jersey, and Penna duction or capital or business or whatever This plan would give to Ohio, and to every west- sylvania. The six New England States, New they call it. It is simply dividing one half ern State beyond it, perhaps, an increase of York, New Jersey, Pennsylvania, Ohio, and according to the population--a very unfair and banking circulation. If it was not sufficient | Indiana, have a circulation in the aggregate untrue basis-and dividing the other half ae. to enable them to move the crops by means of ll of $256,470,000, leaving to all the residue of

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