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inflicted upon the insurgent officers now in our in a very short time restore them to their friends a sense of their duty, and has frequently had the hands, or hereafter to fall into our hands as pris- and families.

effect to promote the objects of justice. It has oners; that such officers ought to be subjected to I am free to say I do not feel that the condition been so in this war ; we have tried it already like treatment practiced toward our officers or of my friends in the southern prisons will be successfully. There was a time when the enemy soldiers in the hands of the insurgents, in respect made any better, and they made any happier, by took our officers and placed them as a kind of to quantity and quality of food, clothing, fuel, | seeing some men in our prisons here in the North protection against our assault on thcir fortificamedicine, medical attendance, personal exposure, starved to death. If we could inflict the punish- tions. They placed our officers within the range or other mode of dealing with them; that with a ment that is suggested by the Senator, upon the of our guns, hoping thereby to protect themelves view to the same ends, the insurgent prisoners in officers in the southern army who have contrib- || against our assaults. In order to prevent that we our hands ought to be placed under the control uted to the misfortunes of which he complains, I were compelled to retaliate in kind, and wc scand in the keeping of officers and men who have would agree with him; but here in our northern lected a like number of their officers and placed themselves been prisoners in the hands of the in- || prisons are many men who entered into this war them in like jeopardy; and the moment they saw surgents, and have thus acquired a knowledge of in the southern army against their wish, con- that we sternly intended to do that, they did not their mode of treating Union prisoners; thai ex- scripted, compelled to obey the demands of a persist in their barbarous course any longer; plicit instructions ought to be given to the forces government de facto, having no part nor lot, no when they found we were inexorable upon ihat having the charge of such insurgent prisoners, re- connection whatever with the wrongs that are in- subject, and that we would place their oificers in quiring them to carry out stricily and promptly ficted upon our soldiers in the southern prisons, like jeopardy, the effect was very soon manifest; the principles of this resolution in every case, and now we propose to retaliate upon them, in- our officers were immediately released from their until the President, having received satisfactory || dividually, and starve them to death, because the position, and the rebels sought to make peace upon information of the abandonment by the insurgents Senator says some of our friends in southern ihat subject. So they would upon this. of such barbarous practices, shallreyoke or modo | prisons have been starved! Reach the men that Sir, I have no doubt on investigation of this ify those instructions. Congress do not, how- are in fault; strike them if we can; but where is subject that it is a deliberate purpose of theirs to ever, intend by this resolution to limit or restrict the propriety, where is the Christianity of starv- destroy every prisoner that comes into their hands. the power of the President to the modes or prin- | ing a man to death against whom we can lay no They do not intend that he shall be returned to ciples of retaliation herein mentioned, but only to fault except that perhaps he has been compelled us in such a condition that he can ever again take advise a resort to them as demanded by the oc- to obey the demands of the rebel government, a

the field. Their inhuman treatment is probably casion.

government, as was illustrated with great power owing more to this consideration than to mere Mr. HENDRICKS. I think it was the inten- || by the Senator from Vermont, not now in his feelings of malice. It is a system of savage poltion of the Senator from Maryland (Mr. John- seat, [Mr. COLLAMER,] de facto, which the people || icy, and it has had a most powerful effect on our son) to discuss this resolution. I am not sure down there for the time being had to obey? Army of the thousands of prisoners we have about that, but I know he was looking into the But, sir, I did not intend to discuss this resolu- had in their hands scarcely one of them is ever requestion, and I should myself desire very much tion now, but simply to reply to what the Senator turned to us in such a condition that he can lake the to hear his views and reasons on the subject. He said, which I thought was unjust to myself, have field again; while on the other side the prisoners is not in his seat lo-day. I suppose he is neces- ing made this motion for a reason very proper,

that come into our possession are treated presarily detained from the Senate. I move that the as I believed. I hope to see this proposition so cisely the same as our own soldiers are, and they further consideration of the resolution be post- amended as to bring our soldiers home again. Let go back refreshed, recuperated, and ready to take poned until lo-morrow.

them come back to their families. We can make the field against us, every man of them. I have Mr. WADE. Did I understand the Senator these exchanges; and while I am upon that point no doubt that a prompt and stern resort to this from Indiana to say that the Senator from Mary- || I will read from a statement of fact made by a dis- measure of retaliation will have as beneficial an land was anxious to debate this subject?

tinguished member of the House of Representa- || effect as the measure to which I have referred Mr. HENDRICKS. I said I thought it was lives the other day, not of my political party, but had in the case to which it was applied. the intention of the Senator from Maryland to a distinguished member of the House of the same The gentleman talks of Christianity. Sir, I discuss it. The Senator from Kentucky (Mr. | political party with the Senator from Ohio. Mr. do not understand that there is very much ChrisPowell) informs me that he heard him say so. Kasson, of Iowa, speaking of the Secretary of tianity in war. If you go to war you have deThis is an important subject. We all listen to War, said:

parted from the great principles laid down by that Senator with a great deal of interest, and “One thing more: if hc be the man he is charged with Christ and His followers, as I understand them; myself with profit, and I should like to hear him being, who could in June last bave exchanged prisoners of and if you go to war you must not only depart on this subject. I therefore move the postpone

war of the United Sintes on terms recognized throughout
all civilized nations, yet left ten or twenty thousand of our

from those principles, but you must follow out ment, as I have suggested, until to-morrow. gallant men to perish in rebel pens during the last summer,

that departure, for it leads to other necessities that WADE. I shall not resist the postpone- again I find a reason why his administration of that Depart- do not square precisely with the doctrines of Chris. ment until to-morrow on the suggestion that a ment should be investigated.”

tianity. You commit a great offense when you go Senator is anxious to debate this subject; and If this statement be true, there is a reason why to war; but the world has not yet reached that mced yet I feel that if the gentlemen who wish to de- it should be investigated. If months ago, as is of perfection when war can be avoided. I say, bate it were in the condition of many of our pris- stated by a distinguished member of the party to then, you cannot invoke the principles of Chris. oners, they would not want to hear long speeches which the Senator from Ohio belongs, this Ad- tianily in vindication of all the incidents and docon the subject, but they would want us to act at ministration could have brought our friends home trines that grow out of war. "They that take once. I feel that I am not really doing my duty | again, restored them to their places in their fam- the sword shall perish by the sword,” it is said. when I agree to let it stand over until to-morrow, ilies, and prevented this starvation, I say it is the But, sir, I do not profess to be very familiar with but I do it with the understanding that I shall || highest charge that can be brought against this these theological questions. I believe that when press it at the very earliest opportunity.

Administration. I want to know if we cannot the Almighty imbued every man who receives an Mr. HENDRICKS. One suggestion made by have a remedy that will save this suffering rather insult or an injury with a sense of resentment the Senator from Ohio perhaps demands a reply than a remedy which will increase the suffering, He intended that it should be used and manifrom me. Sir, I made a usual motion to accom- not upon our prisoners perhaps, and it may be fested on proper occasions. You can hardly modate a very distinguished member of this body, upon them. Their condition may be made bet- eradicate this idea from the human mind. I know to accommodate myself in hearing him upon the ter, but I fear it will be made worse by the course that, like other passions, it may run too far; it question. A motion to postpone was not an un- suggested in this resolution. If we can adop! | may be stimulated to excess; but I say again I usual one, and did not call for debate except so some action on the part of the Senate which will do not believe that the Almighty endowed a man far as I have suggested the reason. If the reason compel the Administration to do that which a with a sense of resentment for an injury with the was not sufficient, then the Senator from Ohio distinguished member of the other House says idea that it should not be exercised. I think it is ought to have objected to the postponement. If the Administration for five months might have

proper to resent injuries sometimes, and frequentthe reason was sufficient, then as a matter in the done, and bring them home, I shall feel that we ly proper to retaliate as a means of putting an course of business in the Senate a postponement have accomplished something.

end to acts of wrong and barbarity. "I think it ought to take place.

Mr. WADE. 'The Senator has made his ar- is rather a mawkish idea of humanity that fears The Senator saw fit to say that the Senator ask- gument on the subject, and I doubt now whether to subject rebel prisoners to the same treatment ing this postponement, if he were in the condition we ought to delay the passage of the joint reso- that we know our own brave soldiers are daily of some of our prisoners would not ask it, thereby || lution. I think he has made as strong an argu- subjected to. implying perhaps that I did not feel that sympa. ment as the Senator from Maryland or any one l'think the influence of such a measure as that thy for the prisoners that I should feel. Perhaps, || else could have done.

now proposed will be to do away with bad treatbir, there is no member of this body who feels The PRESIDING OFFICER, (Mr. Pome- ment on both sides; for when the rebels see that more sensitively upon that subject that I do my- || ROY.) The question is on the postponement of you will resort to retaliation, that their men in self. I have a brother now in a southern prison the resolution.

our hands will be subjected to the same hardwho has been there since the 5th day of June last. Mr. WADE. I am opposed to the postpone- ships to which they subject ours, it will be a reaThe personal relation perhaps of no Senator to

If this resolution will not tend to effect son why they should relieve our men. Milder arthis subject can make him more sensitive than I the purpose designed by us, it should not pass. guments have been ullerly ineffectual. I do not am; but I am very free to say, without fully ex- No one is more sensible than I am that for mere know now but that other measures will be effects, amining this subject, that the remedy for their vindictive purposes we ought not to pass a meas- val. If so, I would resort to them at once; but unfortunate condition suggested by the Senator ure like this. 'My impression, however, is that I have seen no attempt to do so; I have seen nofrom Ohio in this joint resolution is not such a it will have a very useful effect; it will have the where the attempt on the part of this Governone as I had hoped to see come from him, and effect to relieve thousands upon thousands who ment to redress these wrongs that are inflicted on especially from the Administration. I think there are now in southern prisons, and treated with our soldiers.

I feel that something should be is another remedy, and that is the exchange of such hardship that they are dying all over the done. My sense of humanity is not entirely on our prisoners. We have nearly two to their one. southern country.

one side, and that the side of the rebellion. As I believe it is in the power of ihe Administration Retaliation has in all ages of the world been a I go through the hospitals, my sense of humanity, to bring our imprisoned soldiers home again, and mcans of bringing inhuman and savage foes to will be ne more harrowed up by seeing that reb.

ment.

els are subjected to these hardships than it is landed, we are told, of something like eight thou- to us able-bodied men, but only exchange the when I see our own men returned from their pris- || sand men; it required the united strength of this im- sick and dilapidated for those thai are able-bodied ons mere skeletons, shadows of what they were. mense naval power and eight thousand troops to and vigorous. We cannot, as I am informed, I have seen thjs; and if a man can go through our take a fort defended by buitwenty-three hundred secure a fair exchange. If a fair exchange could hospitals with composure and see our men who men. Now the Senaior from Indiana demands be secured, I probably would accept it; but when have been returned from southern prisons and that we shall exchange a rebel prisoner held by us a fair exchange cannot be had, I cannot complain not have his sense of reseniment aroused, he is for each one of the prisoners of ours held by of the Secretary for insisting on it with pertinacity more or much less than human.

them. Suppose they hold thirty thousand Union when the delay is ruinous to the rebel' cause and Now, sir, I think this measure will be effectual; | prisoners of war, and we exchange for them at is hastening their ultimate overthrow. it will have the effect to do away with this great once thirty thousand rebel soldiers. These thirty Mr. CLĂRK. If the resolution is to be postinhumanity. I proposed it as a remedy, and I thousand rebel soldiers will be thrown into strong poned, I have no objection to its being postponed hope it will be a remedy. As to what the Sena- works like Fort Fisher, and then you will be now; but if the discussion is to go on, I want tor says about the exchange of prisoners, I have compelled to marshal an army of one hundred to say a word on the subject before the vote is only lo declare that if our Government has al. and twenty thousand strong to be able to meet taken. I have no desire to take up the time of the lowed our soldiers to be retained in this barbarous that thirty thousand sent there by you. The Senate now, if it is proposed to postpone the subkeeping when it had full power in its own hands thirty thousand Union soldiers you receive, and ject. to make equitable exchanges, it cannot be excul- ninely thousand additional troops will be required Mr. WADE. I propose to amend the motion pated for such conduct. I do not know how the to recapture them.

to postpone, so as to make this joint resolution the fact is. I have always understood that there was This is the present condition of the contest. special order for lo-morrow at one o'clock. something in the way of the fair exchange of || The rebellion has been so far suppressed that The PRESIDING OFFICER. The Chair is prisoners, and I have never been able exactly to they are no longer able to meet us in the open informed that there is a special order for to-morunderstand what it was. It may be that the field; they are now ensconced behind the strongest row at one o'clock. Government here is greatly to blame. The Sen- works that human skill and energy can produce; Mr. CLARK. I suggest to the Senator from ator says there are no reasons against it. I do we are the assailing party; we are compelled to Ohio merely to postpone it until to-morrow, and not know that there are, but I have always sup- | fight them in those works, and to capture those we can take it up ai any time at the pleasure of posed that there was reason

garrisons by assault, or the tedious process of a the Senate. Mr. HENDRICKS. I did not express any siege in order to secure complete success. I think, Mr. WADE. Very well; but I shall move to opinion myself upon that question, but I read the therefore, it is very doubtful whether we are dam- take it up lo-morrow. statement of the fact, delivered under very re- aged by the refusal of the rebels to make a fair The motion was agreed to. sponsible circumstances, that exchanges could exchange; an exchange man for man will make

MESSAGE FROM THE HOUSE. have been made for months past upon terms con- the rebels relatively stronger. It is therefore siglent with the usages of nations. doubtful, to say the least, whether a far-seeing,

A message from the House of Representatives, Mr. WADE. I did not rise, Mr. President, sagacious humanity would not induce this Gov by Mr. McPherson, ils Clerk, announced that with any intention of arguing this question. I ernnient to refuse to exchange prisoners from this the flouse had passed a joint resolution (H. R, want il decided by the Senate. If they are de. time forward. If this course should be adopted,

No. 141) reducing the duty on printing paper, untermined to see our prisoners subjected to these then of course if the rebels treat Union troops held

sized, used for books and newspapers exclusively, hardships without any endeavor to relieve them, by them as prisoners of war with premeditated

in which the concurrence of the Senate was rebe il so. If any one cavils at this measure and l cruelty and inhumanity, it will furnish a just oc

quested. suggests no other, I think he is not in the way of casion for retaliation.

ENROLLED BILLS SIGNED. doing much good. This proposition has been Such relaliatory mcasures should not be adopted

The message also announced that the Speaker presented not only by me, but I understand that rashly or needlessly, because it will always seem ihis resolution was reported with the approbation

of the House of Representatives had signed the hard to compel the innocent to suffer for the

following enrolled bills, and they were thereupon of the Committee on Military Affairs, I believe || guilty; on the surface it may seem cruel and in

signed by the Vice President: unanimously, though I do not know how that human, but only in the same sense in which it is

A bill (H. R. No. 390) for the relief of Emily fact was. cruel and inhuman to shoot a prisoner of war in

A. Lyon; Mr. HOWARD. There was referred to the retaliation for the murder of one of our own sol- A bill (H. R. No. 598) making appropriations Committee on Military Affairs a resolution which diers held by the enemy. Yet this is in accord- for the consular and diplomatic expenses of the was presented by the honorable Senator from ance with the usage of all civilized nations. It

Government for the year ending the 30th Junc, Ohio, (Mr. WADE;] also a memorial which was is resorted to in order to compel the enemy to

1866; and presented by the honorable Senator from Indiana, treat with humanity those whom they may cap- A bill (H. R. No. 607) to provide for an ad(Mr. Lane;) the Committee on Military Allairs ture in battle. There is nothing more cruel, it

vance of rank to the officers of the Navy and took these measures into consideration, and in- seems to me, in putting a rebel prisoner on lean

Marine corps for distinguished merit. structed me to report a joint resolution to the fare, than there is in slooting a rebel prisoner in Senate, which I did. It is joint resolution No.97. retaliation.

HOUSE BILL REFERRED. Mr. WADE. That is the one under consider- I desire that this resolution, if it is to pass, The joint resolution (H. R. No. 141) reducing ation.

shall be amended somewhat so as to require the the duty on printing paper, unsized, used for books Mr. HOWARD. That is all I know about it. || punishment to be strictly retaliatory; to be in. and newspapers exclusively, was read twice by

The PRESIDING OFFICER. The question Ricted on officers and men of equal number and ils title, and referred to the Committee on Finance. before the Senate is on the motion to postpone of the same rank; and so as to instruct the Pres. the joint resolution until to-morrow. ident to notify the rebel authorities that this pun

J. AND O. P. COBB AND CO. Mr. HENDERSON. I have an amendment ishment is inficted in retaliation for the in human Mr. CLARK. I move that the Senate now that I desire lo offer to the resolution, that I wish treatment of our troops held as prisoners by them, postpone all prior orders and proceed to the conto have printed. Will it be in order to present it and will be continued only until they treat our sideration of the joint resolution (H. R. No. 80) now?

prisoners with the humanity demanded by the for the adjustment of the claim of J. and 0. P. The PRESIDING OFFICER. The amend- usages of civilized nations.

Cobb & Co. of Indiana, and I wish to say at this ment can be offered.

I would rejoice to see every prisoner of ours held time that I desire to have it before the Senate for Mr. HENDERSON. I now offer it that it may || by the rebels released at once, but when I know that the action of the Senate, as this joint resolution be printed, and I desire the action of the Senate the release of a Union prisoner by the rebels re- will be a guide to the Committee on Claims in reupon.it when the joint resolution shall be again quires the release ofa rebel prisoner by our Govern- gard to several other claims which are before them, taken the PRESIDING OFFICER. The amend

ment, and that he will be at once thrown into and the committee desire the action of the Senate

strongly fortified works, and that you will be on this for their information. ment will be received informally and ordered to compelled to recruit three other soldiers to unite The motion was agreed to; and the Senate, as be printed, if there be no objection. The Chair with our returning prisoner to make the combat || in Committee of the Whole, proceeded to conhears none.

equal; that four lives are to be put in jeopardy to sider the joint resolution. li proposes to direct Mr. HARLAN. I desire to offer an amend- recapture the rebel whom we have released, I the Quartermaster General to examine and adjust ment also when this resolution shall come up for cannot criticise the Secretary of War if he should the claim of J. and 0.P. Cobb & Co. of Indiana, further discussion; but I wish to make a remark refuse to exchange prisoners from this time for- for the loss sustained by them on the 11th and in connection with the subject as it has been pre- ward until the close of the war, even if a fair ex- 12th days of July, 1863, by the destruction, by sented to-day. Some three years ago I wrote a change could be secured; but I apprehend there military order, of their barges and other vessels letter, and presented it to other Senators for their are very few Senators here who believe that a fair employed in the shipment of hay to Memphis, signatures, requesting, the President to exchange exchange can be effected. They so analyze all Tennessee, under a contract with the Government prisoners with the rebels. I then believed that prisoners that they hold of ours as to release those of the United States, and the hay on board of the it was politic. Our condition has changed vastly whose terms of service have expired or are about vessels which was being shipped by the firm in since that time. The rebels are no longer able to to expire. Their soldiers are mustered in prac- the fulfillment of the contract, and other property meet us in the open field. Their armed soldiers | tically during the war. Every southern citizen connected with and being used in the fulfillment fight us now almost exclusively behind their works able to bear arms is enrolled as a soldier during of the contract, the property having been burned and in strong fortifications. Military men tell us the continuance of the war. Then when we release and destroyed by the United States gunboal No. that it requires at least four men outside to take a rebel prisoner we put him into their army during || 33. The claimants are to be allowed the value of one inside of a fort. We have been expressing the continuance of the war, while in nine cases out the property, not exceeding $11,000, to be paid our thanks as a Congress to the commanders of often, probably, the soldier received by us in return out of any money heretofore or hereafter approthe Army and the Navy that have taken a fort will be at once well red and mustered out of ser- priated applicable to the payment of claims against containing a garrison of about twenty-three hun- vice. In addition to this, we know from the facts the Quartermaster's bureau. dred men. The Navy, I think, floated belween six that have been developed by the committee on The amendment of the Committee on Claims and seven hundred heavy gung; there was an army the conduct of the war that they do not return was to strike out all of the resolution after the words "military order” in line eight, and in lieu to the Senate, or whether they shall be detained Mr. COWAN. I should like to ask the chair of the words stricken out to insert:

in the committee, and there shall be some pro- man of the Committee on Claims whether the law or a certa in quantity of hay loaded by them on certain

vision made for a decision and adjustment of all is not as clear that the barges should be paid for barge and flatbouts, on the Ohio river, to be delivered at of them. The committee have no choice about as that the hay should be paid for Memphis, Tennessee, under a contract with the Govern- it; but if this amendment be adopted, the result Mr. CLARK. I think I may answer the SenInent of the United States; and that he allow the said claimants the contract price of said hay so destroyed, less the ex

will be to pay for the hay, and leave unsettled ator very readily, that the law is perhaps as clear. pense of transportation from the place where destroyed to the question of payment for the barges. If it be The question in my mind is not whether we shall the place of delivery, to be paid out of any money hereto- noi adopted, and the resolution be passed as it eventually pay for the property, but whether we fore or hercalier appropriated applicable to the payınent of came from the House of Representatives, we shall postpone the payment until we can fix some claims against the Quartermaster's bureau.

shall pay for the hay and the barges both. They proper tribunal to ascertain the value of the propMr. CLARK. There is a report of the com- state their barges in round numbers to be worth erty that we are bound to pay for. Here is enmittee in this case which may be read if it is de- $5,000. They have evidence to show that the tirely ex parte testimony in regard to the value of sired; but I think by a short statement I can valuation they put upon them is a just valuation, the barges. Jt is proved by opinion. A has got bring the point to the attention of the Senators, if but that is from the opinion of persons who saw to go and look at a barge, and A says he knows they will listen to me.

the barges. Other persons who might see them what that barge is worth, and he thinks it is worth Cobb & Co. were merchants in Indiana. They might say that they were not worth so much, but so much. There is nobody to show to the Sencontracted with the proper officer of the Govern- that testimony we have not. The price of the hay ate that it was not worth so much. If we cut ment to deliver a certain number of tons of hay-a is fixed, and we think the Government should down the price we may do the man injustice; if large number, I think five thousand tons of hay-at pay for that, at any rate, because it would have we allow the price, we may do ourselves injusMemphis, Tennessee. They proceeded to execute been delivered in a very few days if the Govern- | tice, upon thai insufficient testimony. My own that contract at a given price per ton, twenty-eight ment had not destroyed it.

judgment is that we must establish some tribunal dollars and some cents, to be paid at Memphis. Mr. TRUMBULL. I should like to inquire that shall have the power of compelling witnesses, They procured their hay and loaded it on certain of the Senator from New Hampshire whether as perhaps the Senate might authorize the combarges in the Ohio river. When the hay was this hay was delivered. Perhaps he stated how mittee to do, of taking testimony aliunde at proper thus loaded on the barges, General Bəyle, in that was, but my attention was not called to it at places, and hearing the parties and perhaps coun. command of the department, gave an order to a the moment. My inquiry is whether the hay was sel on both sides in some cases. Otherwise we gunboat to proceed up the river and seize all the received by the Government officer. Had delivery | may pay where we ought not to pay, and in some boats and barges on the river and destroy them, been made?

cases twice as much as we ought to pay. There for the purpose of preventing John Morgan, who Mr. CLARK. That is the point; delivery had | is great difficulty in the matter. It is not the dewas then in Indiana or Ohio, from crossing the not been made fully. It was to be delivered at sire or wish of the committee to delay or defer river southward into Kentucky. The officer of Memphis.

anybody who has a just claim. We only desire the gunboat proceeded up the river and destroyed Mr. TRUMBULL. And it was destroyed on to ascertain from the Senate what may be their all the boats on which this hay was loaded, to- the Ohio river?

wish in regard to the subject, and we ask the Sengether with the hay.

Mr. CLARK. Yes, sir. The Government ate to express their opinion from what they see These contractors show precisely the number | prevented the delivery by their own act, and may in these cases, that it is dangerous to proceed of pounds they had upon the boat, and the House be considered, perhaps, in that view to have ac- without some proper tribunal, and to turn their of Representatives have considered the case, and cepted the hay.

aliention to the esiablishment of some sort of tritheir committee having reported this resolution, it Mr. TRUMBULL. Suppose this property had bunal. We have not so far, I think, reported an has passed that House and come here, directing been burnt up accidentally where it was, would individual case, waiting to see what would be the the Quartermaster General to pay them for the hay it have been ihe loss of the Government of the result. Whether we shall wait further and delay and for the barges as well. So far we have con- United States or the contractor's loss ? Manifestly these applicants and claimants, or whether the sidered no claim arising out of damages done by the contractor's.

Senate will take cognizance of them now, is what our forces in the war. The hay which was on Mr.CLARK. Certainly; the contractor's logs. we desire to ascertain from the Senate. board the barges the Governmeni should pay for, Mr. TRUMBULL. Then it had not been de- Mr. TEN EYCK. I want to be informed and upon the principle that where the promisee puts livered; it had not been received by the Govern- enlightened on this subject. I have listened atit out of the power of the promissor to perforın his ment. I am merely asking these questions for tentively to the discussion, and I am not able to promise, he is excused from it; and these parties || information, without expressing at this time any see any distinction between this case and the case having the hay loaded to be delivered at Memphis, | opinion in regard to a very large class of cases of so much bay belonging to individuals who had and it having been destroyed while it was upon the where a great many deserving individuals have no contract with the Government to deliver it at river by the Government, the Government should such claims. I ask how does this case differ from all, who may have had a contract to deliver hay in pay for it less the expense of transportation to the case of the destruction of property in Mis- || Memphis to some private individual, or who had Memphis. But following the action of the Sen- souri, or across the river here in Virginia, where no contract, but were seeking a market down the ate, or rather the want of action of the Senate farms have been laid waste by our forces in the river. Now suppose under the order of General heretofore, the Committee on Claims have struck prosecution of this war? Allover Kentucky prop- | Boyle, hay thus belonging to private individuale out the payment for the barges because there was erty has been destroyed necessarily. It was had been destroyed in order to prevent the boats no contract in regard to them; they stand exactly deemed necessary by ihe military authorities in upon which it was loaded being seized by Morgan like any other property destroyed. There is a command that the property should be destroyed and his men in an attempt to escape across the river very large number of claims before the commit

for military purposes. How shall we distinguish out of Ohio. If the hay had belonged to private tee for pay for property, which has been destroyed this case of property destroyed before it was de- || individuals and there had been no contract with during the war. If it is the pleasure of the Sen- livered to the Government, and before the con- the Government, it would have presented a case ate that the committee should consider and report tract was completed, from the destruction of other of ten thousand other cases involving thousands those claims to the body, the committee will do property by the Army in other places?

of millions of dollars, where property has been 80; but if it be the pleasure of the Serate that they Mr. CLARK. The committee thought there destroyed since the commencement of this rebelshall wait until the war is over, or nearly so, in was this clear distinction between the two classes lion in Kentucky and in all the border States order that we may see what the damages may be, of property; here the Government had contracted throughout this Únion. If there is any distincor what is the course proper to be pursued by the with these parties to supply it with a certain amount tion in principle and in law between property Government, then the committee will not report of hay, the parties had gone and collected that thus circumstanced and this property, my vision more of those claims.

hay on the Ohio river in pursuance of their con- is too obtuse to discover it. "I should like to be There has been an attempt in the Senate to es- tract, and were in fulfillment of their contract and informed on that point for it will regulate the tablish a commission who should examine the would have delivered their hay if the Govern- vote I shall give. value of the property destroyed. Senators will ment, the other party contracting, and who was Mr. DAVIS. I should like to make an explasee that the testimony in regard to the value of to take the hay, had not seized and burnt it. The nation on the point suggested by the Senator from the barges is all upon one side. The testimony principle, as I said before, is that where the promi- || New Jersey. Here is the case that is now before in regard to the hay is exact, because the Gov- || isee renders the promise impossible of execution, the Senate: Cobb & Co., of Indiana, contracted ernment was to pay a given price for it. The the promissor is excused. Suppose the Govern- to deliver a certain quantity of hay to the Gov. parties show that they put on board just so many meni had taken the hay right there and fed it out ernment at Memphis; they loaded the hay on pounds at just such a price. That, therefore, can to its horses would it not have been responsible? || board of boats and barges, and the hay was on be arrived at exactly; but the committee had no It is a very different case, it seems to me, from its way to Memphis to be delivered in conformity evidence as to the value of the barges, except that which the Senator from Illinois puts, because to the contract.' The Senator from Pennsylvania what was furnished by the claimants themselves. these parties were in the fulfillment of their con- wants to know the distinction between the case

But what the committee desire to know, and tract with the Government and the Government, of the hay and the barges, and the Senator from what they desire to accomplish by this amend- the promisee, destroyed the property: llis a very New Jersey wants to know the difference between ment, is to ascertain the sense of ihe Senate in different case from that of property destroyed by 1 this case and the common case of the destruction regard to claims for military damages. Many accident. It was clearly at the risk of the parties of property in any of the States. The difference of them are very vast and they are very pressing; || getting the hay, until the Government interfered is a very plain and palpable one. Here the conparties have lost large amounts of property;

tract was in the course of execution by the covihey are distressed for the pay for that property;

enantor to deliver the hay. The Government is and perhaps it may be said that property, de- had no question about payment for the hay, and the covenantee, and the covenantee interposes, stroyed in that way should as justly be paid for no question about the justice of the claim to the when the hay is in transitu to be delivered in the by the Government as any other properly; but | barges to a certain amount, though the value of execution of the contract, and destroys the hay. the committee seek to know whether the Senate the barges is not proved as clearly as the other Now, the question is whether the destruction of are of opinion that we should take up these claims part of the case, and the committee desired the che hay by the covenantee does not conclude the seriatim, one after another, and act upon them on attention of the Senate to that point for the pur- covenantee from denying that the contract was such testimony as we shall havc, and report them pose of ascertaining how they should proceed. executed on the part of the covenantor. There

with it; but when the Government interfered with :

is no plainer principle of law; and it is a prin- Mr. DAVIS. My honorable friend is an able ators, so that they might be considering this great ciple that is recognized and acied upon every day | lawyer, and it seems to me that nothing can be question which must come before the Senate. in our courts of justice. When there is a cov- plainer to a legal mind than the palpable distinc- | 'These claims will be continually pressing, and the enant, and one party is in the course of executing tion between the hay and the barges. It is not Senate and House of Representatives will be that covenant, and the other party interposes and only because hay is not a barge nor a barge hay, | obliged, in my judgment, to provide some method defeats the execution of the covenant, the party, but it is simply for this reason: Cobb & Co.con- of ascertaining them. Now, let me state a claim who thus interposes and defcats the execution of tracted to deliver the hay, and they did not con- which is before the committee at the present time. the covenant cannot allege that the covenant is tract to deliver the barges and the boats to the Certain parlies of Tennessee allege that they were not performed on the part of the other party. Government. They could have wagoned the the owners of a large plantation down in Arkan

The reason that the committee made a differ- # hay, or they could have taken it upon the railroad sas; that they were Union men always; slood by ence between the boats and the barges and the cars, or by any other mode of transportation. the Government; that they had upon that plantahay was this: there was no contract on the part Therefore the passage of the barges and boats tion seventy negroes; one hundred mules; so many of Cobb & Co. to deliver the boats and the barges; toward Memphis was not in the course of the hogs; so much fodder of this kind, and so much it was simply a covenant to deliver hay, and the execution of any contract by Cobb & Co. with fodder of that kind; and that the army came and boats and barges were the vehicles or ihe means the Government, but the passage of the hay to destroyed a part, and somebody else destroyed a of transportation by which they were in the course Memphis was in the course of the execution of a part; ihat a portion of their negroes came back, of executing their covenant. It cannot be said, contract by that firm to deliver the hay to the and a part got free papers and went to Onio. They then, in relation to the boats and barges, that there Government. The Government arrested the hay present a claim to us and ask us to adjudicate was a covenant to deliver them by Cobb & Co. to that was being transported in the execution of this upon it and award them so much damages. I. the Government, and that the Government inter- contract, by its general officer, and destroyed it. pray you, sir, how is the committee ever to deposed and by its act defeated the delivery of the Mr. COWAN. Will the gentleman allow me termine the value of that claim? Here certain boats and barges which had been covenanted to to ask him another question?

parties come and say that they think the seventy be delivered, because there was no such covenant. Mr. DAVIS. Certainly.

negroes were worth so much, and certain other The covenant was restricted to hay.

Mr. COWAN. It is whether Cobb & Co. || parties come and say they think the mules were Mr. COWAN. Will the honorable Senator would be able to distinguish between the loss they worth so much, and certain other parties say they allow me to ask him a question?

suffered from the destruction of the hay, and the think the logs were worth so much; and the army Mr. DAVIS. Certainly.

loss they suffered from the destruction of the destroyed about so many of the hogs, and so on. Mr. COWAN. It is whether Cobb & Co. || barges? Whether they do not feel that they have It is entirely indefinite. It is impossible for the could not have recovered for the hay without the same right precisely to be compensated for committee io decide on a claim of that kind; and going upon the contract, on the same principle that the loss of the one that ihey have to be compen- even if the testimony were definite as far as it they ask to recover for the barges, namely, that sated for the loss of the other? And if there is no goes, it would create injustice to decide the case the Government officer in a moment of emergency distinction in morals, how can there be such a upon ex parte testimony. had destroyed this property, and therefore the distinction as is taken by the committee in law ? It is suggested to me by the Senator from Verlaw was that they were entitled to pay for both, Mr. DAVIS. I admit the general principle of mont (Mr. Foot) that in that event we must do without saying anything about a contract. the Senator; but I was going to slate another as a court of justice would do, reject the claim;

Mr. DAVIS. I admit that to be true, but still consideration upon which the committee had made but then, for the want of a proper jurisdiction, the there is a distinction. The one would be a case the distinction between the hay and the barges. || parties will come again. You reject again, and of trespass, & wrong. The destruction of the If it be the policy and present purpose of the they come again, and so by continually coming, boats and barges would be a case of wrong, and Senate and of Congress, as I conceive it ought to the Senate ai last becomes weary, and ibe danger the Government would be responsible for their be, to make full compensation for all property is that the claim will pass at some time without destruction as a wrongdoer; but the responsibility that may be destroyed by the armies of ihe Uni- a proper adjudication. We desire to submit to of the Goverment for the hay is upon a different ted States belonging to loyal citizens, the com- the Senale whether it would not be better in the principle. It is upon a principle arising in a mal- mittee are of opinion that all this responsibility outset, if it can be done, to turn our attention to ter ex contractil, where one of the parties to the || ought not to be met by private, individual, single || providing a tribunal who shall ascertain upon one contract is the cause of the other not having exe- claims as they arise, but that there ought to be a ajde and the other what is the proper measure of cuted it. It is a plain and universal principle of || general law establishing a commission or a board, || damages. law, that where two parties make a contract and before which all these claims should be presented There is another question arising in this case one is in the course of the execution of that con- and established by proof, and instead of a few of Cobb & Company. The committee present tract, and its execution is defeated by the other, || active claimants who have friends in the Senate the joint resolution to the Senate with an amendit does not lie in the mouth of the other to assume or in the House of Representatives getting ahead

If the Senate agree to the amendment, that the contract has not been executed by the of all the others in the nation who have as good which is to strike out the allowance for the barges, opposite party. I admit that there is the same a claim and as just a claim as themselves, by their the hay is left for the action of the body, and the principle of right and of justice generally for pay- || private bills, Congress ought to provide for that committee would understand that the Senate did ment for the boats and barges as for the hay, whole class of cases by ihe establishment of a not intend at thie present time to consider claims but it is upon a different principle of law, and the general commission, and require all these claims for such damages where there was no contract. committee acted and reported in the case so as to be presented there for proof.

They may then afterwards, if they choose, refuse to keep separate and distinct the principle upon As the chairman of the committee says, there to pay either branch of the claim, on the ground which the Government would be bound to pay are a great many claims precisely of the same that it is ali a war claim, and then the committee for the hay.

nature and depending upon the same principles would have ascertained what they want to ascerMr. COWAN. I ask the honorable Senator of justice and law as ihai of Cobb & Co. for the tain, that the Senate does not at the present time again whether the committee did not feel them- value of their barges and their boats against the intend to act on that class of claims; and then we selves as much bound to pay for damages on Government. The committee want to be in- propose to leave Cobb & Company to their remaccount of a tort of the Government as damages || structed by the Senate whether it is their purpose edy at law. If this were a contract between two for a breach of contract?

to satisfy that order of claims or not. If it is the private parties, between A and B, if B had conMr. DAVIS. I feel that obligation, and I sup- purpose of the Senate now to satisfy that class tracted to deliver hay to A which A destroyed in pose the committee do; but as the Senator from of claims, the committee are ready to be in- | transitu, could not B go into court and sue A for New Hampshire, the chairman of the commit- structed by the Senate and to report all that are the value of that hay on his contract? I think tee, says, the number of claims of that character now depending upon that principle, and to report very clearly he could; but here is the Governagainsi the Government is infinite; their amount for the full satisfaction of ihe destruction of any ment on one side, and the question is whether it is indefinite; it would come up to hundreds and and of all property by the armies of the United is not under the same obligation. probably to thousands of millions of dollars. It States, whether that property was about to be I desired to bring this case to the attention of would be greatly in its amount beyond any such delivered in the execution of contracts or not. the Senate. Perhaps Senators may wish to reclaims arising ex contractu as the claim of Cobb But the committee think, at least I do, that as a flect upon it. I will now move that the joint res. & Co, on the Government for the value of this matter of justice and of policy, instead of permil- | olution be postponed until to.morrow, and at hay; and here was one reason that I agreed to ting all these claims, that amount to a countless some future time I shall call it up again. I have the report of the committee in the forın in which sum of money, almost to, no doubt, thousands of ccomplished my purpose in bringing it to the it has been made. I admit that those whose prop- millions of dollars, to come up in detail, each attention of the Senate at the present time. erty has been destroyed by the Governmeni and claim by itself, and each claim to be heard upon Mr. HOWE. I shall offer no opposition to the its agents are entitled lo remuneration from the the amount of proof that the claimant may bring | postponement, but I want to say just on this ocGovernment, and ought to receive it.

before Congress to sustain him, Congress ought, || casion that this amendment by some means or Mr. COWAN. I will ask the honorable Sen- on the contrary, to establish a general commis- ll other got through the Committee on Claims withator whether the distinction which he takes be- sion which should hear all the proof in relation out attracting my attention. I do not know tween the barges and the hay is not destroyed by lo such claims and to report upon them lo Con- whether I was present during the meeting at the intervention of this particular fact, that not gress, that Congress should then pay the whole which it was considered or noi. At any rate it only the hay but the barges were invited to that class of these claims together.

did not attract my attention. particular point

where they were destroyed by the If I have made myself understood, that is the Mr. CLARK.' My impression is that it was contract of the Government? Non constat that the distinction of principle and the consideration upon agreed upon in committee before the Senator hay and the barges might not have been hundreds which my conduct as a member of the committee came in, but I am not certain. of miles away but for this contract; and does not was determined in consenting to this report. Mr. HOWE. That is very likely. I make that that distinguish it from a case where property is Mr. CLARK. The question presented to the remark as preparatory to this: thai for my single destroyed by the Government or its officers in Senate is of more importance than the mere joint self I make no sort of distinction between the oblia an emergency, where the Government has done resolution itself. I do not wish to press its pas- gation of the Government of the United States to nothing to invite the property to occupy that par. sage at this time; I desired simply to accomplish pay for these barges and its obligation to pay for ticular locality where it has bcen destroyed? the purpose of bringing it to the notice of 'Sen- the hay. I am entirely satisfied that if the Gov

ment.

acca

ernment of the United States destroyed either the Mr. CLARK. The Senator will pardon me; postpone all the damages which have accrued to hay or the barges for the purpose of the national I had not any such idea. My main dificulty is, individuals on account of our torts. That will be defense, the United States ought to pay for them. that cases of this kind before a committee of Con- | the result of it; and perhaps the committee are If the committee moved this amendment for the gress are tried only upon one side. I want some right in desiring a clear, fair understanding as to reason that they were entirely satisfied with the tribunal to have an opportunity of trying both the course we intend to pursue with regard to this proofs upon the question of the hay, but were not sides, not a peripatetic commission to go around question, although I am free to say that I cannot satisfied with the proofs upon the quesiion of the the country and hunt up claims to be tried and see the slightest difference in the world between barges, that is a good reason.

allowed; but I desire something that shall ascer- the force of the obligation which rests upon us in Mr. CLARK. If the Senator will allow me, I lain for the Government, as well as for the indi- the one case and in the other. will say that the committee were mainly influ- vidual, what loss has been sustained.

If there is any difference in the force of this enced in moving the amendment by two reasons: If the Senator will permit me here, as I am obligation, how are we to justify ourselves to one one was to ascertain what would be the opinion now up, I desire to say, for the sake of being ! who has suffered by saying to him, “Although the of the Senate in regard to claims of that nature, | guarded, that the committee do not propose to obligation of the law rests upon us in your case and to bring the question distinctly before the repudiate any such claim as that of the Messrs. as strongly as it does in the case of another, we Senate.

Cobb. I should be sorry to have such an im- cannot afford you relief?” How are we to say to the Mr. HOWE. If that be one of the purposes, pression prevail from the remarks of the Sen-Government contractor who has agreed to deliver or the leading purpose, then I could only meet ator, he being upon the committee, because that to the Government five thousand tons of hay upon the views of the committee by voting against the remark coming from him might come with more a given day and it is destroyed in transitu for the adoption of the amendment, because, so far as force than it would from a person off the commit- defense of the whole, that we will pay him the my vote can influence the action of the Senate, I tee, as leading the public to suppose that the com- amount we contracted to pay, and yet io another mean that it never shall make any such distinc- mittee entertained the idea. The committee ac- man equally meritorious, and equally loyal, with tion; I mean that the Senate never shall intimate knowledge the justice of many of these claims, an equal amount of hay, and destroyed equally to the country that they, intend to repudiate one and they acknowledge, too, ihal Congress, in in defense of the whole, “ We cannot pay you?” of these obligations.

their judgment, must pay for them when some Will not the citizen be likely to ask, under circumMr. CLARK. We do not intimate any such way shall be ascertained for determining the stances of that kind, why you make a difference thing. amount of the damages.

between a man who contracts with you and one Mr. GRIMES. Do I understand the Senator Mr. HOWE. What I said in reference to re- who does not contract? You destroy his property from Wisconsin to say that it is the theory of the pudiation was not predicated on anything I had for the defense of the whole and you pay him; Committee on Claims that we are bound by the heard in the commiitee. It was induced by re- you destroy mine for the defense of the whole, Jaws of war and of nations to make good all losses marks I had heard on the floor of the Senate and and you do not pay me; and why? Because I am that may have been sustained by individuals in during this debate. So much on that point. not a Government contractor. confess that I do the public defense?

Now, in reference to this suggested commission not see this distinction, which certainly exists Mr. HOWE. I do not understand the Sena- rather than proposed commission, let me say that without a difference so far as the citizen is contor from lowa.

Tunderstand the difficulty in the way of getting cerned. Whether there is policy in postponing Mr. GRIMES. Do I understand the Senator at the exacı truth in reference to these claims per- the claims of those who are not Government confrom Wisconsin to say that it is the idea and haps as well as the Senator from New Hamp- tractors, because of their enormous magnitude, is opinion of the Committee on Claims, of which shire, the chairman of the commiitee; but I do another question; but if one is to be postponed, I he is a member, that this Governmeni is bound not understand why we cannot clothe your Com- do not see why the other ought not to be, for the by the laws of nations and of war to make good mittee on Claims with all the power in reference benefit of the exchequer, unless it may be, perhaps to every individual any loss that he may have to obtaining evidence and examining witnesses that if we postpone the claims of contractors we sustained in promoting the public defense? I that you can any other tribunal. We may, I bee shall have no contractors; if we decline to pay understood the Senator to make a statement as lieve, in the matier of proof, guard the public in- l those who have contracied to furnish us goods by brond as that.

terests just as well as any tribunal that you can a day certain, which we are obliged to destroy Mr. HOWE. The Senator misunderstood me establish. I think it would be decidedly better in transitu, perhaps nobody will contract with us; in two particulars. In the first place, he mis- for us to make no distinction, to assume at once but that is another question. understood me, if he understood me to speak for what is conceded to be the law of the land, that All these questions I understand are raised by the Committee on Claims at all. If I understand all these claims are equally to be respected, and this amendment, and I have no objection that the my own position here, I am speaking in opposi- proceed to hear them as the evidence is adduced, bill be postponed in order that the Senate may tion to the Committee on Claims. In the second and to report upon them only when the evidence act advisedly upon it, because it is a question of place, if he understood me to speak of the laws adduced satisfied us of the justice of the claim. graver importance than would appear at first of nations or the laws of war, lie misunderstood The PRESIDING OFFICER. The question sight--one upon which, perhaps, the fate of the me. Now he will understand me correctly if he is on the motion of the Senator from New Hamp- country may depend, because ihe fate of the understands me to be speaking for myself, and to shire, to postpone the further consideration of this country may depend upon the exchequer, and if say for myself that it is my own opinion, irre- || joint resolution until to-morrow.

its coffers are drained to pay these damages we spective of the laws of war or the laws of nations, Mr. COWAN. J am willing to postpone this may not be able to replenish them in time to carry that the Government of the United States is bound, resolution, but at the same time I desire to say a to a successful conclusion the enterprise we have by its own laws, and by every principle of equity word on the argument offered by the committee, undertaken. and of good conscience, to pay for every dollar of that there was no evidence before them on the Mr. HENDRICKS. Perhaps it is proper that property that it appropriates or destroys for the part of the Government to show the value of these I should say one or two words in behalf of my public defense. barges.

constituents who are interested in this joint resoThat is my position, and I do not resort to the Mr. CLARK. The Senator misunderstood me lution. laws of war or to the laws of nations for my de- if he understood me to say there was no evidence. The PRESIDING OFFICER. The question fense of it, and such being my opinion, I take this Mr. COWAN. I certainly understood the before the Senate is on postponing the resolution early opportunity to declare it. It is the opinion honorable chairman to say that the evidence they until to-morrow. that has guided me so far in my action upon the had before the committee as to the value of the Mr. HENDRICKS. I believe the debate has Committee on Claims, and so far in my action in barges was ex parte, and he thought it dangerous | extended slightly beyond that technical question. the Senate. to report it on such evidence.

I do not desire to occupy the attention of ihe SenI should not have acquiesced in this amend- Mr. CLARK. Exactly.

ale more than a moment. I shall not object to ment to the pending resolution for any renson in Mr. COWAN. Then if it was er parte, it must the postponement, but I hope this resolution will the world, unless I found upon the examination be on the part of the owners of the barges, and not be postponed so as finally to be lost in the of the proofs that the measure of damages was not on the part of the Government. I suppose Senate if the amendment should be made. clearly established in reference to the hay, and that in appearing before a committee here, repre- Mr. CLARK. I assure the Senator that I inwas not clearly established in reference to the senting to a certain extent the Government, it was tend to call it up again. barges.

not necessary that formal notice should be given Mr. HENDRICKS. I rely upon that. If the Now it is said that the idea prevails among to the General Government to appear before the amendment shall be made eventually, of course the some members of the committee, and perhaps committee when a claimant came before Congress resolution will have to go to the House of Repreelsewhere, that it is not safe for Congress to act to have his just dues paid.

sentatives again for consideration of the amendupon these claims individually, that the Treasury For my own part, I think that the obligation to ment there; and Senators are aware of the diffiwould be betier protected by the creation of one pay for this hay is perfect and complete, because culty of securing the consideration of that body tribunal, one committee, if you please, or one com- in either event the Government was guilty of a to private bills. When I was a member of the mission to proceed to hear all these cases. My tort toward the owner, or of a breach of contract. Committee on Claims at the last session, I think own judgment is, and I say it now, that I think The obligation to pay for the barges is equally there was a difference between the two classes of the Treasury will be vastly safer if you wait for complete, because it destroyed, in an emergency, obligations on the part of the Government. We these claims to come here rather than if you es- the property of the citizen for the common defense must pay contractors, else we cannot get supplies; tablish a commission to go and look them up. of the whole, and it is well known that in such and we cannot postpone the claims of contractors

Mr. CLARK. Nothing of that kind has been cases the whole always feel themselves obliged to until after the war is closed without impairing said.

pay. How far we are able to pay now for dam- the faith of the Government to such an extent as Mr. HOWE. I understood it to be thrown ages which arise from torts done by the Govern. to make it difficult to get supplies. So we ought out as the other course.

ment to the citizen is another question, and, as I to pay these contractors as if the hay were actually Mr. CLARK. I have not heard a word here lerstand the committee, that is the question delivered. But I desire to say that according to about a commission going to hunt them up. which they desired to raise by this amendment. my understanding in committee, the question was

Mr. HOWE. No, but if you establish a com- If we adopt this amendment now, it is to be taken not so much whether the Government is bound mission, I suppose it is with a view of going into that we will pay whatever damages we are bound to pay for property which she herself has dethe localitics and hearing testimony.

to pay for the breach of our contracts, but that we stroyed, as whether Congress shall make an

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