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seven points upon which the House of Repre- ABSENT-Messrs. Chandler, Hale, Lane of Kansas, Mc- likelihood that it would result in such infliction sentatives and the Senate disagreed. One of those Dougall, Nesmith, Sherman, Van Winkle, Wilkinson, Wil. upon their prisoners up to the point of starvation points was the payment by the House of Repreley, and Wilson-- 10.

or anything like it. That is all clap-trap. At sen latives of iweniy per cent. extra compensation

The PRESIDING OFFICER. The motion to least it cannot be thrown out with any propriety to their employés for the last session, The House adhere prevails, and the bill fails upon the disa

as a reflection against the committee, for their have agreed to every other amendment of the greement between the two Houses.

conviction, witnessed by the very introduction of Senate but the one striking out that provision RETALIATION ON REBEL PRISONERS.

this resolution that it would be efficacious to stop for the payment of the employés. I will give a

The Senate, as in Comunittee of the Whole, re

these barbarous practices of the enemy, is also little history of the matter, so that the Senate may understand it.

sumed the consideration of the joint resolution conclusive againsi their having to be carried out At the last session the House passed a resolu(S. R. No. 97) advising retaliation for the cruel

to their extremity by ourselves. But do not let tion paying their employés enly per cent. more ireatment of prisoners by the insurgents.

us indicate a point beyond which we dare follow, Mr. BROWN. Mr. President, if I have been

and say if you go on with your barbarism beyond than the regular salary for that session. This they could not do because it was in the face and successf:1 in presenting the grounds upon which

that point you may be cruel with impunity inasThe committee arrived ai the opinion that the time

much as I will not retaliate. eyes of the law of 1858, which provided that neither of the two Houses should pay to their for measures of retaliation had come, and have

I do not think, therefore, that anything can be carried forward Senators to concur in the argu

established against the justice of this resolution employés any gratuity of that kind out of its con. lingeni fund. When the maller came to the Comp

ment so far, I think I shall have little difficulty by depicting the inhumanity of the course of the troller of the Treasury he refused to allow it, and in justifying the committee surther in any sugges.

rebel authorities. On the contrary, every arguso it could not be paid and was not paid. When tions it may have made as to the modes of Thai

ment which is presented showing it to be in conthe deficiency bill came before the House they retaliation. With this specific understanding in

trast with the usages of civilized war goes the advance, that it was not intended to limit or re

more conclusively to demonstrate the necessity of inserted in ita provision that that gratuity, if you strict the action of the executive department of

our taking such action here and now as will put call it so, it was not a deficiency certainly, should the Government to any suggestions that have

a period to il summarily. We have seen by ine be authorized and legalized by law; that is, that the Senate should agree to it. The Senate struck been made, it was yet deemed proper by the com

results of retaliation in other instances that the out that provision, and would not agree that the mittee that they should make those suggestions,

surest and the swiftest mode of terminating such House should pay this twenty per cent. out of

. || end to be accomplished. Now what is the clause
because they struck them as favorable toward the

outrages is to give notice that we will retaliato

like for like, even unto death. What then shall its contingent fund. We had one committee of conference and they did not agree upon it. We to which exception is taken? After affirming the

commend us to a sickly sentimentality in this indoctrine of retaliation, the resolution goes on to

stance and in presence of so dire a continuing out. had another committee of conference, and found say:

rage? that we could agree to everything else, but came

Mr. President, let me say, therefore, that while to the conclusion that we could not agree to this.

"That sich officers ought to be subjected to like treatment practiced toward our officers or soldiers in the bands

I believe I am naturally as humanc as other Sen. It then went back to the House. The House of the insurgents, in respect to quantity and quality of

ators, while I claim to be as much influenced by have agreed to all our nmendments with the ex- food, clothing, fuel, medicine, medical attcudanec, per- the moral sentiment of the community at large ception of the one striking out the provision al- sonal exposure, or other mode of dealing with them." and by those general principles which obtain lowing them to pay their employés twenty per And for that purpose, and in view of getting at among civilized people, I cannot in this matter, cent. extra, and on that they have adhered. They appreciative justice in the case, it is submitted that and with the facts that are so fully evidenced, heschoose that this deficiency bill shall fail unless those of our prisoners who have been in their | itate to recommend that that very measure shall they can force the Senate io agree to what is con- hands shall be, as far as practicable, made their be adopted which now presents itself as the only trary to law. We decided it by a vote of 37 to custodians. Now I ask Senators to put the ques. one which in my estimation will produce the deI the other day, and I move now that the Senate tion to themselves, where is the difference in prin. || sired result of stopping the present treatment of adhere to its amendment, and let the bill fail rather | ciple between setting apart soldiers of theirs with our prisoners in the South. If Senators could than the Senate should be forced to do what is the notification that they will be shot on the mor. show me any other mode that would produce the contrary to law by such a process as this. row if the putting our captured soldiers in front | result more speedily, if they could show me any

The PRESIDING OFFICER, (Mr. Foot.) of their breastworks is not desisted from, or tak- || other mode that had not been tried, and failed, if The Secretary will read the action of the House ing soldiers of theirs and placing them in such they could show any feasible resort that would upon the bill before the question is taken upon positions that they will be exposed lo their own result in putting a period to these barbarities, I the pending motion.

artillery in retaliation for like treatment on their should be exceeding glad to adopt it; but I say, The Secretary read, as follows:

part of our soldiers---where is the difference in that having been forced to the doctrine of retaliaIn The House OF REPRESENTATIVES,

principle between those measures—both of which, tion ns we now are, having predicated it upon the

January 25, 1865. recollect, accomplished the desired result, and ground that a necessity has arrived for putting it Resolred, That the Jouse recede from their disagree- taking their prisoners, and saying, “ We will sub- in force, you have no right to shrink and cry hor. ment in the amendments of the Senate to the bill of theject you to the same treatment, in regard to diet ror at the modes of doing it and say those commis. House No. 620, to supply deficiencies in the appropriations

and food, that you subject ours, and if you per- sioned to give practical effect to your views are for the service of the fiscal year ending the 30th of June, 1865, numbered one, two, six, seven, and eight.

sist in systematically subjecting our men to such acting with inhumanity in recommending its Resoloed, That the House adhere to their disagreement

inhuman cruelties, remember you will cause the most common application of like for like. Is it to the amendment of the Senate to the said bill numbered same lo be visited on your own officers. You not inhuman to place one of the enemy's soldiers fuur, which proposes to strike out all on page 4 from line have the option. Il resis with you." For one,

,1 before your breastworks when they are firing twenty-two to line eighit on page 5, inclusive, in the following words:

do not see the distinction; and for one, I am free upon it? So does the measure suggested by the To enable the Clerk of the House of Representatives to lo say that, so far as the question of humanity is eommittee partake of great harshness. Can you, execute the resolutions of the House of July 4, 1864, di- involved, so far as any barbarism goes to the root however, draw the lines of in humanity so that rreting payınent of additional compensation to its officers, of the question, the more inhuman and the more they will exclude the one and include the other? clerks, and other employés, and to the House reporters for the Congressional Globe, a sum sufficient for that purpose,

barbarous the treatment is, the greater the neces- Clearly not. Therefore, such fact itself is evibeing $37,991 40, is hereby appropriated out of any money sity for adopting the retaliation in order to make it dence conclusive that that mode of reasoning cano in the Treasury not otherwise appropriated, and the same cease. I say that the more you pile up the epi. not apply to the case; that in accepting the docis liereby added to the contingent lund of the House of thets in denunciation of this course, the more you trine you accept its consequences, and you justify Representatives; but 119 payment shall be made under this proivision to any other persons than the clerks, oflicers, and

accumulate ihe reasons why you should resort to your resort and at last justify your own humanother employés of the House, and the reporters for the

the ultimate measure that will produce a stoppage ity, not in narrow technical modes of punishment Congressional Globe.

of it in the face of the failure of all others to do and death, but in the broad fact that it will stop The PRESIDING OFFICER. The Senate

Ac least euch is the manner in which it such barbarous cruellies on their part and necesamended the House bill by striking out the words strikes my own mind. If it be true that our sol- sarily preclude it on yours. which have just been read. The House of Rep

diers are being systematically and intentionally Nor can I understand the objection which is resentatives disagreed to that amendment. Upon starved to death, then I say ihat the call of this taken to this procedure by those Senators espethe first committee of confererice the committee

whole country is imperative upon us to give no- cially who proclaim that our soldiers in southern divided and disagreed in reference to that amend

tice that we will resort to retaliation even in kind prisons are not being treated with inhumanity, ment and were discharged. A new commiltec of | if it will produce the desired result and stop this who declare here that all this common sentiment conference was appointed, and that committee process of destruction.

of the country wbich has come to them by the disagreed as to this amendment. The House have

What shall we say to the rebels-If you are skeletons who have returned from those prisons, receded from their disagreement to all the other

inhuman up to a certain point we will retaliate and who have testified around all the firesides in amendments of the Senate and adhered in their in order to make you cense, but if you go beyond the land, is a living lie; that these confederates disagreement to this amendment. The Senator that point then we shall stop; you may do so are treating them with humanity, with kindness, from New Hampshire, as chairman of the com- with impunity, we will not resort to the only mode with consideration, and with full and abundant mittee of conference, now moves that the Senate that will bring you to a sense of your barbarism? | living, and that they are not guilty of the gross adhere to this amendment, and upon that ques

Is that the doctrine Senators would advance? Must barbarities charged. When that declaration is set tion the ycas and nays have been ordered. we offer them a premium on cruelty to our pris- forth by Senators, they deprive themselves of any The question being taken by yeas and nays,

oners in our squcamishness and sensitiveness retort upon this measure as a measure of inhua resulted-yeas 38, nays 1; as follows:

about the modes of retaliation and the measure of manity; they answer their own argument; they

relaliation? Shall we say we are more sensitive cut themselves off criminating others. If there YEAS-Messrs. Anthony, Brown, Buckalew, Clark, Col.

to Jamer, Conness, Cowan, Davis, Vixon, Doolittle, Farwell,

is no , eviFoot, Poster, Grimes, Harding, Harlan, Harris, Henderson,

the that, which Hendricks, licks, Howard, Howe, Jobusou, lane of ludis it never would, than we are about the starving, it going to be an act of inhumanity to put their anil, Morgan, Morrill, I'onieroy, Powell, Ramsry, Richard.

dying thousands of our soldiers being executed soldiers on the same rations? Facts will govern son, Riddic, Šau bury, Sprague, Sumner, 'T'en Eyck, Trunubull, Wade, and Wrigh-38.

slowly in southern prisons? But that is the most the case; notice will precede it; all the charities NAY-Mr. Carlie-l.

extreme view that can be taken, and there is no will guard the execution. How, then, can it

80.

prove a measure of cruelty if there is no cruelty to strike out all of the resolution after the word tradict it; but, sir, I know men, and many of io measure it out by? The answer is conclusive, " retaliation," in the seventh line, in the follow- them, as respectable as Captain Flynn, let him and cannot be gainsaid. ing words:

be ever so respectable, who were confined in that Mr. President, so far as the joint resolution is That in our opinion such retaliation onght to be inflicted prison for months, whose treatment, as well as concerned, I am not wedded io the suggestion upon the insurgent officers now in our hands, or hereafter ihat of their fellow-prisoners, was such as would which is contained in the body of it. Tam per

fall into our hands as prisoners; that such officers ought disgrace savages.

to be subjected to like treatment practiced toward our of. fectly content that that matter should be left to the ficers or soldiers in the hands of the insurgents, in respect

The honorable Senator from Michigan (Mr. discrimination of the executive branch of the 10 quantity and quality of fvod, clothing, fuel, medicine, Howard) yesterday read from the report of a Government. I am not insisting that we shall set medical attendance, personal exposure, or other mode of committee appointed by the Sanitary Commisout here and now all the modes by which retali

dealing with them; that with a view to the same ends, the alion shall be exercised; but in one point I would insurgent prisoners in our bands ought to be placed under

sion; and the honorable Senator from Indiana, I the control and in the keeping of officers and men who

will not say sneered at the document, but iniibe very glad if the resolution were somewhat have themselves been prisoners in the hands of the insur- mated that it was prom no official source, and stronger ihan it is. I would be better satisfied if | gents, and have thus acquired a knowledge of their inode of that testimony from such a quarter was scarcely this resolution, instead of being simply suggest

treating Union prisoners ; that explicit instructions ought
to be given to the forces having the charge of such in-

worthy of credit. Sir, we all know that the genive, were mandatory upon the Executive of the

surgent prisoners, requiring them to carry out strictly and tlemen composing that committee are among the United Slates. I should be rejoiced if this Senate promptly the principles of this resolution in every case, most respeciable men in our land. It is true they here to-day would take upon itself the respon

until the President, having received satisfactory informa- were noi members of Congress; they were not sibility to pass a joint resolution notifying the

tion of the abandonment by the insurgents of sucli barba. President of the United States that the time for rous practices, shall revoke or modify said instructions.

politicians; and there may be those in the counCongress do noi, however, intend by this resolution to limit

try who think that their qualifications to perform putting a period to the suffering of our starving or restrict the power of the President to the modes or prin- this duty correctly were none the less for those soldiers in the rebel prisons had come, and re- ciples of retaliation herein mentioned, but only to advise a reasons. They were intelligent, cducated men; quiring it of him as a duty that he should apply resort to them as demanded by the occasion.

they were men of high moral and intellectual the principle of retaliation. In that respect I

And to insert in lieu thereof:

character, some of them I know personally; and should like to see the resolution more emphatic

That the executive and military authorities of the United than it has been reported by the committee. I Slates are hereby directed to retaliate upon the prisoners

the country knows them all. Those men have of the enemy in such manner and kind as shall be effective brought forward a mass of testimony upon this simply state that, however, as my own sentiment, in deterring him froin the perpetration iu future of cruel subject which it seems to me would convince the not as the sentiment of the committee, for I be- and barbarous treatment of our soldiers.

most skeptical. lieve that view was not concurred in when it was The PRESIDING OFFICER. The immediate One of the officers whose testimony they took, presented there.

question now before the Senate is on the amend- I think his name was mentioned by the honorMr. President, in concluding what I have to ment moved by the Senator from Massachusetts, able Senator from Michigan yesterday, Lieutensay, permit me to add one other remark, and that the chairman of the Committee on Military Af- ant Colonel Farnsworth, is a man whom I know is in reply to some allusions which bave been fairs, (Mr. Wilson,) to the amendment moved || intimately. He is a native of my own town, and made by Senators to those Christian principles, || by his colleague [Mr. SUMNER.] That is the was born next door to my own residence. I which should govern us in the conduci of our af- question now pending.

have known him from his cradle. He was an fairs. My colleague, I believe, presented the Mr. WADE. I will barely say that I shall || officer in our Connecticut cavalry, and served in argument, and if I mistake not the Senator from

move the proposition which has been read as an the valley of the Shenandoah, á brave, dashing Massachusetts (Mr. SUMNER) presented the prop- amendment at the proper time. I want to make officer; no man more gallant, and he is a man osition. Sir, I prosess myself to be a Christian. this resolution mandatory upon the Executive. whose word is entirely reliable. He gives his I trust that I am as much actuated by such sen- Mr. HOWARD. Where does the Senator testimony in that report, and from personal contiments as any other Senator. I certainly hold from Ohio propose that his amendment shall come versations with him I know that the treatment myself amenable to the full force of all such ar- in ?

of the prisoners in the Libby prison while he guments, and would be loth to cast any reflection Mr. WADE. After the word “retaliation” in

was an inmate was as I have before described it, upon any doubt that might arise in the most sen- the seventh line.

disgraceful; it would disgrace savages. sitive conscience; but I do not see the application The PRESIDING OFFICER. The Chair The honorable Senator from Missouri who has in this instance of the moralities which the Sen- will inquire of the Senator from Ohio if his prop- just taken his seat (Mr. Brown) alluded to the ators have invoked, and I cannot understand how, | osition is a proposition to amend the original reso- report of the committee on the conduct of the war. unless they are carried up to the point of non- lution by way of perfecting it before the question That certainly is not obnoxious to the charge resistance altogether, you can make thôm oblain is taken on the motion to strike out?

made against ihe document read by the honorable in a stale of war. I do not see how you can ap

Senator from Michigan. That document, which ply specialties of the moral law designed to gov- The PRESIDING OFFICER.

If that be so,

comes from a commiliee of our own body, at the ern the individual relations of men in civil society || it is in order now, and must be considered prior || head of which is the honorable Senator from to the treatment of prisoners, to the punishments to the amendment moved by the Senator from Ohio, (Mr. WADE,) has also testimony upon this of State, to the conduct of armies, to all the exi- | Massachusetts.

subject, conclusive, as it seems to me, io the mind gencies of a general state of war; and I, therefore, Mr. WADE. Then I offer it now.

of every intelligent man who reads it. And lest must confess very frankly that I do not feel the Mr. FOSTER. Mr. President, it ought, per- there should be those who would not believe what force of that portion of the argument, or that por- haps, to be no matter of surprise that upon a is stated there, it being almost too horrible to be Lion of the proposition which has been presented question involving the application of the doctrine credited, the portraits of the men who were subin this body which indicates that in all this mat- of retaliation to prisoners of war there should be | jected to this treatment--not portraits painted from ter we must return good for evil; that where our a difference of opinion. It is a great question; | fancy, but photographs taken from life, taken of own prisoners are inhumanly butchered and mal- || broad, comprehensive, imposing. It is difficult men in the agonies of death-are added to attest treated, we niust make it the text for exceeding to make up one's own opinion, at least I find the correctness of the fact that our prisoners were excellent treatment on our side; that we must re- some difficulty in coming to a precise and definite treated in the way I have described. ciprocate, but we must reciprocate with increased conclusion as to the course we should adopt. Sir, it is too late to make a question in regard lenderness and care; for, sir-and the argument || That we should differ, therefore, among ourselves to the manner in which our prisoners have been with me is conclusive-if you are to apply it al is to be expected, and I am not surprised at it. and are treated. Who of us does not get letters all, it will obliterate your state of war; it will dis- But, sir, I am surprised that any gentleman in || daily, or almost daily, in regard to our soldiers curb your armies, and reduce you to the allitude this Chamber, or any intelligent man in this coun- who come home famished, diseased, and perishof submission and non-resistance; a doctrine in try, should now express a doubt whether our pris- | ing, from starvation and ill treatment, or whose which I do not concur in any sense. I believe, oners in the hands of the rebels from the first remains are brought home for burial? I have one sir, that the doctrine of self-defense takes pre- || day of the war have not been treated inhumanly, on my desk at this moment, written only a few cedence of many of those tenets which other. || barbarously, cruelly, and that this treatment days ago, on the 17th of January, 1865, from a wise are of binding force, and resting firm in that continues to the present time. I am astonished, || neighbor of mine, a gentleman of the highest refaith I propose to apply its principles here and astonished beyond measure, especially that an spectability. He says:

honorable Senator so intelligent, so well-informed Mr. FOSTER obtained the floor.

“On Friday of last week we buried Herbert Beckwith as the honorable Senator from Indiana (Mr. Hen- from our church. He was starved and frozen in a rebel Mr. WADE. Before the Senator proceeds I DRICKS) should express a doubt, as he did yester- prison, brought to Annapolis on the 24th of December very have an amendment that I intend to offer to this day, upon this subject.

Jow, rallied a little at the sighll of our flag and from knowresolution.

ing that he was under the protection of his Government,

Indeed, I understood him to go further, and to Mr. FOSTER. I will give way to the Senator

but died from actual starvation on the 30111. If there is any assert that from knowledge obtained by him of power at Wasbington which can by any possibility release from Ohio to enable him to offer his amendment. prisoners who had returned home from rebel our starving men troin the fiendish grasp of the eneiny, they Mr. WADE. I propose to strike out all of the prisons, he believed that the general treatment of

would only require to look upon the dead face of such a resolution after the word “relaliation," in the

one as Beckwith in order to act with all their miglit." our prisoners was good; and he referred to an seventh line, leaving the preceding portion and the officer, to a Captain Flynn, to whose good char- This young man was a near neighbor of mine; preamble lo stand as they are, and insert what I acter he gave his own sanction, to corroborate I think under twenty years of age. He went into send to the Chair.

his own statement. This man, having been a the service for the defense of his country as full The PRESIDING OFFICER. It will be read prisoner in Libby prison, at Richmond, for a of life and hope as any young man, served faithfor the information of the Senale, it not being in considerable time, bore witness, as the honorable fully, was taken prisoner, and this is now his hisorder now to consider it.

Senator from Indiana stated, to the good treat- tory. Mr. WADE. I do not ask for its present con- ment of the prisoners in that prison. I certainly Nor, Mr. President, is this treatment confined sideration. I only ask that it be read for infor- cannot deny that this man had the means of to any one locality. It was only the last week mation.

knowledge, and if the honorable Senator from that I conversed with an officer of the seventh The PRESIDING OFFICER. It will be read Indiana affirms him to be a respectable man, and Connecticut volunteers who had but just escaped as an amendment to be offered when in order. that he makes this statement, so far as that officer from Richland jail in Columbia, South Carolina.

The Secretary read the amendment; which was is concerned, far be it from me to deny or to con- He succeeded, after several previous attempts,

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which failed, in finally making his escape. He is not unknown in this war, General Joseph Haw- men to begin with, and Commodore Rodgers dismade an attempt at escape in the early part of No-ley. I say that Captain Dennis was a man worthy || charged ten of the men thus taken from the Guervember. He, with two oiher officers, passed down to be the peer of men like General Terry and Gen- || riere, holding two. Before the war was over, the the Congaree river in a very small boat, large eral Hawley; and when he states facts of this man held at Halifax was exchanged and disenough to contain two persons, but not large kind every man may believe, and, indeed, may charged, and then the two whom we held were enough to float three in safety. As they would know, so far as we can know from human state- also discharged. be observed from the shore during the day, they, ment, that what he says is true. He was in six Mr. President, I believe in retaliation to that had to lay up their boat to the bank, and conceal different prisons; the treatment varied, but it was extent certainly. I believe in retaliation to this it, and pass down the river during the night. On best at Charleston, and as that locality has much extent, that if the rebels take our prisoners and a very dark, foggy night, following the 8th of Lo answer for it ought to be known, that they may shoot or hang them we should take their prisoners November, the day of our presidential election, have the credit for it.

and shoot or hang them; but if they take our the boat struck a snag in the middle of the river, So much, Mr. President, for the point whether prisoners and torture them by scalping them or and upset near a railroad bridge, where the water our men are well or ill treated; but the ques!ion is, in any other mode practiced by sa vages and not was between twenty and thirty feet deep, and run- what shall we do? What shall be done so that || by civilized nations, I do not think we should ning rapidly. After struggling a long while, and this treatment may be changed? It is a question adopt the same practice, and I do not understand until they had nearly perished, they finally suc- not without its difficulties; and although, as I that any man here claims that we can or ought to ceeded in getting up ihe bank to the shore, but in suggested in the outset, it is not strange that there do that. such a worn-out condition that they were unable should be differences of opinion upon it, yet our I do not understand the honorable Senator from to stand. They were soon retaken by some rebel differences-80 far as they have been developed Ohio, who is very frank and very decided on this soldiers who were guarding the bridge, and sent here-are by no means so great as at first they subject, to claim that any such practice as that back to Columbia.

would seem to be. While on one side the doc- should be resorted to by any means. This officer succeeded in again escaping in the trine of retaliation is insisted upon, is it denied with the honorable Senator from Pennsylvania on latter part of December, I think on the 24th, and on the other?. No, Mr. President, I do not un- that point, I believe. As I before suggested, when ihis time there were thirteen others with him. derstand that anybody here has undertaken to we come to put a distinct case, the difference is They procured, through the kindness of some assert that retaliation, to a certain extent, is not much less than when we are talking about an abnegroes upon the river, a flat-boat large enough | just and proper in time of war.

stract principle which we do not apply to a parto carry fifty cords of wood, and upon that boat But as to how far this principle shall go there ticular case. The honorable Senator from Ohio they made their way down the river again by is a difference, at first a wide difierence. On the says,

“I believe in this doctrine of retaliation, like night, laying by by day, provision being supplied one side it is asserted that the retaliation should for like; as they treat our men, so will we treat by the kind blacks upon the shore, every one of be like for like; that is, whatever our enemy does theirs." The honorable Senator from Pennsylwhom always offered them whatever they had. to our prisoners in his hands, we should do, and vania says, “ No, I do not believe in that,” And My friend had a considerable amount of confed- do in the same way, to his prisoners in our hands. when he asks the honorable Senator from Ohio erate money with him which he paid liberally to All cannot agree to that, and indeed I have hardly “Would you scalp a man because the enemy the negroes, they, by the way, saying they would || heard anybody assert that the doctrine to that || scalps one of our men?" the latter answers, "No."! give all they had to these Yankee officers, bid- extent is to be justified. If any Senator does as- There is not, then, a difference in the applicading "God bless them," and saying to them that sert it, when he comes to the practical question | tion of the principle, althougli there is a difference if they could do it they would put wings on them he shrinks from applying the test. When it is on the general principle, and so, as I believe, in that they might fly. That was the expression of | asked, “ If the enemy scalp or burn a prisoner, regard to every practical question that has been one of ihe negroes: “God bless you, massa, ! shall we scalp or burn a prisoner whom we take put here, there has been an agreement even bewould put wings on you if I could, and you should from him?"everybody says no; nobody advocates iween those who seem to differ most widely, unfly home to your wife and children.'

that. If the rebels when they take our men pris- less it be on the single question of starving a man 'It was under these circumstances that they went oners sell them into slavery, shall we, when we to death, and I have not heard anybody as yet down the river, and this time succeeded in get- take their men prisoners, sell them into slavery? avow the belief that it was right or just to put a ting to its mouth at the ocean, the Congaree being || I do not understand that anybody argues for that. man in prison and starve him to death, even alone of the branches of the Santee, which flows What, then, is the difference between those who though the rebels have done it and it may be are into the ocean near Georgetown, about fifty miles assert that retaliation is a proper mode of proceed- doing it. above Charleston, South Carolina. Here they ing, and those who assert that it is not? Simply It is urged, as I understand it, that the threat signalized a gunboat which lay off shore, and this, that certain persons will go to one extent will be available, and that if we say we will do they were taken on board in a pitiable condition, || in applying the principle of like for like; certain this thing it will work out the deliverance of our having been obliged to live for some days upon others will go a little further, but all will stop at soldiers. If saying so will do it without our perraw sweet potatoes, not daring to make a fire for some point.

forming this deed of cruelly, I am for saying it; fear they should be discovered.

There is no question but that by the laws and but I am not in favor of starving a man to death I inquired of this officer, Captain Dennis, as to practices of nations retaliation within certain because the rebels starve our prisoners to death. the treatment, so far as provisions were concerned, limits is now recognized. It was practiced by us Even in view of such letters as those I have read, of these men at Richland while he was there and in former wars. It was practiced in the revolu- || showing such treatment to young men who were when he came away, and he gave me the ration. tionary war. It was practiced in the war of 1812. born, have lived, and grown up near my own He said that five days' rations were now given I remember a particular case. Commodore Hull, house, I cannot agree to take a young man from out to them at once, and the ration for five days in the Constitution, captured the British frigate South Carolina or anywhere else, and starve was five pints of Lndian meal, a few pinches of Guerriere and brought in the prisoners whom he him to death in the same manner by way of resalt, and occasionally-not uniformly, but occa- captured on board that ship. A number of our || taliation. I can no more do that than I can vote sionally—a small quantity of sorghum, which men were at that time held as prisoners by the to sell him into slavery, or to scalp him, or com. was lilile more than dirty molasses and water, British at Halifax. They had been all, I think, mit any atrocity on his remains after he is dead, the water predominating.

but six discharged, exchanged in a cartel; and which, as I suppose, has been done by the enThis was the whole ration for five days, and six were held, who they claimed were British emy more than once. As I suppose and believe, it amounts to one pint of Indian meal, a little salt, subjects, although taken fighting in our Navy, and on what I think is good evidence, though I do and possibly a little sorghum per day. No means they claimed the right to hold them and hang them not know the fact personally, even our dead who were furnished for cooking it; no utensils, noth- as iraitors to the British fag.

have fallen like brave men on the battle-field have ing at all but the bare pint of Indian meal with a Mr. COLLAMER. They claimed that they been mutilated, their bones have been taken and Jiule sall, and possibly a little of this sorghum; were deserters from the British navy.

used as ornaments, trophies of the prowess of the this alonc to sustain life from day to day. Mr. Mr. FOSTER. Yes, as my friend from Ver- southern chivalry over the northern Yankee. President, will any man say that this is not in- mont suggests, the British claimed that those men Sir, human nature shrinks back from retaliation human, barbarous, shocking to humanity? It were deserters from the British navy, and that as of that description. And we are not, as compared may kcep men alive for a short time; but we all deserters and traitors to their flag they were to be with these rebels, standing on equal ground with know that a man confined to such a diet after no hanged under the rules of war. The prisoners of || them on this subject. We are a nation. We have very long period of time must either lose his the British frigate Guerriere were placed in a car- a history. It is true we have not been a nation health and impair his constitution or perish. It lel and put under the charge of an officer, and as for centuries, but we have been a nation for many is impossible that human life should be sustained he was sailing out of the harbor of Boston he met years, and I for one, as an American citizen, am and that a man should be comfortable for any the frigate President, Commodore Rodgers, com- proud of the history of the United States of Amerlength of time on a diet so meager as that. ing in, and Commodore Rodgers stopped this car- ica. I am not for doing anything which shall tar

These and other facts to which I might allude, || tel, gave to her commanding officer this informa- nish the fair fame and the glory of this nation and which I presume all intelligent men of the tion from Halifax that the British were holding either in peace or in war. country know as well as I do, make me wonder back six sailors under these circumstances whom Who are our opponents? They have never why anybody should entertain a doubt as to how they threatened to hang and would not exchange; yet been admitted into the family of nations, and our prisoners are treated. If such testimony does then directed the officer in charge of the cartel to

1 trust in God never will be. They are unwornot satisfy them, they would hardly be persuaded muster all the crew of the Guerriere who were on thy of a seat in a congress of nations. In any though one rose from the dead.

board, and as he passed along the line of those place where nations are recognized they are noi, This Captain Dennis, I can assure the Senate, prisoners to select twelve of the finest and most and ought not to be, and will not be recognized. is a most trustworthy and reliable man.

athletic men of the lot and take them on board the | They are a band of insurgents, robbers, traitors, a captain in the seventh Connecticut, a brave regi- || President as he was going into Boston, and should malefactors on land, pirates on the deep; and bea meni worthy of their leader; and when I tell you hold those twelve men as hostages whom he would cause such men descend to what would disgrace that their leader was General Alfred H. Terry, hang if the British admiral hung the six sailors savages in the treatment of prisoners, not disthat it was his old regiment, the Senate will under- in Halifax. Then the cartel went on.

gracing any national name, for they have no nastand me. After General Terry ceased to com- When the British admiral at Halifur heard of tional name to disgrace, shall we, who are citizens mand it it was commanded by a man whose name this state of things, he discharged five of those of the United States of America, each man feel.

He was

ing that he has a part of the national honor and or it would be of no use. Every one would say ment at Libby to have been good, so far as procharacter 10 susunin, do that which disgraces that it is certainly of no use to adopt a policy of visions were concerned, and that he was as well them. No, Mr. President; no, no, no.

slarving men uy way of retaliation unless we let provided as the soldiers of the rebel army, or I would go as far, I trust, as the honorable them know it. That would be mere wantonness. something like that. Senator from Ohio to relieve our men; but I be- We are, then, to let them know it.

Mr. HENDRICKS. I will read what I said lieve that if that Senator and myself were set to Mr. JOHNSON. But to starve first, accord- about that. guard prisoners under an order that they should ing to the resolution.

Mr. FOSTER. While the honorable Senator be kepi on such ralions that they would starve Mr. FOSTER. I bardly believe that is what is looking for the paragraph I will say another and perish, the honorable Senator from Ohio, the honorable gentlemen who advocate the reso- word. liis certainly not my desire to place the quite as soon as I, would from his own pocket lution intend; I do not so understand them. I do Senator in any false position. If I understood take his last crust or his last morsel rather than not undersland that anybody would advocate the him, as I certainly did, after his explanation, insee a fellow-being perish with hunger. I know shutting up of a given number of prisoners here, correctly, I am most happy in making the corJie would. The generosity of his own heart and going immediately to commence the process rection. Indeed it pained me for a moment to would compel it.

of starvation. I suppose that is not meant, but, think that a Senator so intelligent as the honoraThe honorable Senator from Indiana who is as I suggested, the meaning is that they shall ble Senator is should have such an impression. near me [Mr. LANE) made a mistake, if he will have reasonable notice of this intention; and that I was wrong in it, and I am glad of it. allow me to say so, in suggesting that if this pol- we shall proceed then promptly and energetically Mr. HENDRICKS. This is what I said of icy were adopted and carried out the soldiers and with this mode of retaliation in order to relieve Captain Flino: officers who had been in southern prisons, and our men. That will take time. It will take time I took a great deal of interest in bis case. He was my had been subjected to this treatmeni, should be to ascertain whether they have changed their pol- personal friend. He wrote to me that he thought an ex. the men set to guard the prisoners and carry into

I saw the President at once, icy, and meanwhile our prisoners are suffering.

change could be secured.

and the President, a kind-hearted mali, made the order on effect these orders. These men having felt the We can send, or at least make the proposition

the part of this Govesument, and Captain Flinn was exawful pangs, which none but he who feels knows, to send, lo Richmond in order to ascertain whether changed; and when he returned to his neighbors he told of dying by hunger and starvation, would not steps may not be taken to relieve our prisoners then that the prisoners were as well provided as the men inflict even upon one who had inflicted it upon from this terrible suffering. If it can be done,

who guarded them. I take his word on that subject while

he was there as equal to the word of any man." them the same torture. They might blow his and done at once, the object is accomplished. If brains out with a musket, or run him through it is refused, and nothing can be done in that way,

This as I was informed by his neighbors with with a bayonet, but they would never starve him then the course which ihe gentlemen propose is

whom he conversed immediately on his return. to death and stand by looking on. Much less certainly open to us, and it seems to me we shall

Of course that is confined to Libby prison. I would such a man do it to one who had been lose very lilile by the short delay of making this

suppose Captain Flinn knew nothing about any

other. taken in fair fighe-fair, I mean, so far as the fight attempt first. I am therefore for the proposition

Mr. DAVIS. Mr. President, I presume ev. itself was concerned, not fair in the fact that ihe of the honorable Senator from Massachusetts man was properly engaged in it—who had sur- who heads the Military Committee. He is not

ery Senator concedes the principles of retaliation. rendered, dropped his weapons, and given him- now in his scat, and I can therefore sny, and it

The principles and spirit of the speech of the hon. self up to the mercy of his captors as a prisoner is but a proper tribute to him to state, that, being orable Senator from Connecticut (Mr. Foster] of war.

connected as he is with our military affairs, he in the main concur with mine. I make no essenThe honorable Senator from Indiana has him- knows, I will not say better than the rest of us,

lial difference with him. But, sir, it is just as seif been a soldier, and a brave one, before he but he knows, I confess, better than I, what will

well settled by the laws of nations and by the was a Senator. He would not do this thing, I be most likely to effect the object we have in view. uniform usages of nations, that relaliation has its am sure he never would. He must get some Mr. HENDRICKS. Before the Senator from limitations, as that the principle of retaliation other guard around these men than brave soldiers Connecticut closes his remarks I wish to correct

exists. The laws of war have been very much who have served in battle and suffered in prison. || him in one respect. He did me the honor to refer to

ameliorated in the last five or six hundred years, The brave are always generous. The pirates and the argument that I presented to the Senate on this

and the law of retaliation as a part of the laws of robbers who do these deeds are not brave men. subject yesterday evening. I know the Senator

war has been progressing toward the same ameEven those men who have suffered tell us over would not designedly misrepresent what I said, || lioration. The question is not what retaliation and over again that occasionaly some brave man for there is no person within these walls, or out

was in the time of Edward III and of the Black who had fought against thein, perhaps in the field, | side of these walls, who, I think, would be more

Prince, nor what it was two hundred years ago. has surreptitiously, and in danger sometimes of frank in the statement of the position occupied by

The question is, what is the law of retaliation in being punished, slipped a loaf of bread or a piece one with whom he does not agree than the Senator the present age of Christian civilization? I will of meat into the hands of these starving men. It from Connecticut. But he evidently did misun

read from two American authorities that treat is impossible but that nature will finally assert derstand my remarks on the subject to which he

upon the subject of retaliation. One of them I her dominion in the minds of men who have a alluded in the commencement of his speech. I

believe was read by the honorable Senator from heart; and brave men have a heart that can always understood him to say that I had assumed that

Massachusetts (Mr. SUMNER) yesterday. Kent be appealed to.

there were not cruelties inflicted on our soldirrs says: Now, Mr. President, in regard to these prop- in southern prisons. Sir, I did not say that; I did “Cruelty to prisoners and barbarous destruction of priositions that are before the Senate, l esteem the not wish to be so understood. The Senator from

vate property will provoke the enemy to severe retaliation

upon the innoceni. Retaliation is said by Rutherforth one introduced by the honorable Senator from Michigan (Mr. HOWARD) asked me a very pointed | (inst. 2, c. 9) not to be in justitiable cause for putting innoMassachuselis, the chairman of the Committee | question, and in reply I said- read from the cent prisoners or hostages in death; for no individual is on Militery Affairs, (Mr. Wilson,) as the one Globe, ns taken by the reporter, without my hav

chargeable, by the law of nations, with the guilt of a per

sonal crime merely because the community of which he is which is the most likely to work out a practical ing seen it from the time I spoke until it appeared

a member is guilty. He is only responsible as a member of result. I am for that which is the most practica- || in print

the State in his property for reparation in damages for the ble, believing that the great object which we have "The Senator asks whether he understands that I have acts of others; and it is on this principle that, by the law in view is to relieve these men. I know it is the said that our own prisoners were treated as well as their of nations, private property may be taken and appropriated object of the honorable Senator from Ohio (Mr. guards, I did not say so. He has road testimony here taken

in war. Retaliation, to be just, ought to be confined to the by a commission in respect to Libby prison. I have given guilty individuals who may bave committed sowe chorWADE) and the honorable Senator from Indiana, the statement of an honest man who was a prisoner there

mous violation of public law.”—Kent's Commentaries, [Mr. LANE.) I am sure it is. It is a principle of for months, il part of the time in a dungeon, selecteit by lot part 1, page 93. humanity which moves those Senniors to the to be shot. When he came home he made this statement

In a note to the same page I find this: course they advocate, and I respect them for it.

to his neighbors. I have no doubt that lliere have been
cruelties inflicted on the Union prisoners in southern pris-

“In the case of the Marquis De Somerueles, (Stewart's I go with ihem as it regards the result to be ob

ons, and this is one rcason why I want then brought home; Vice Admiralty Reports, 462.) the enlightened julge of the tained, but I am compelled to differ from them in but I do lot believe that it has gone to the extent reported

vice admiralıy court at Halitax restored to the Academy of regard to the means to be used. in the country.”

Arts, in Philadelphia, a case of Italian paintings and prints,

captured hy a British vessel in the war of 1812, on their The proposition of the honorable Senator from That is my judgment. I have no doubt there

passage to the United States; and he did it'in conformity Massachusetts, the chairman of the Committee were cruelties very shocking indeed, but not to to the law of nations, as practiced by all civilized couri on Military Affairs, it seems to me will be the the extent as reported in the country. I further

tries,' and because the arts and sciences are admitted to most practically beneficial to our men; meantime, I said:

form an exception to the severe rights of warfare.' Works

of art and taste, as in painting and sculpturer have, by the certainly, the Executive can, as I suggested, and "I do not believe, upon the information I have on the modern law of nations, been held sacred in war, and not it is his duty, take all means which he can take subject, that it is at all to the extent stated in the painphlet deemed lawsul spoils of conquest. When Frederick Il of lawfully, constitutionally, properly to ameliorate from which the Senator read lo-day."

Prussia took possession of Dresden, as conqueror, in 1753, the condition of those men if he cannot secure

he respected the valuable picture gallery, cabinets, and This is the substance of what I said on the sub

museuns of that capital, is not falling within the riglits of their exchange, which is bis first duty. If this ject. I do not doubt now, I will repeat, that there a conqueror. But Bonaparte, in 1796, compelled the Italian proposition shall succeed, it will succeed sooner have been cruelties, not justified by the usages of States and princes, including the Pope, to surrender their ihan any other, because it can be the soonest made Christian warfare, inflicied on our prisoners in

choicest pictures and works of art, to he transported to available. The other process of course would be the South. That is a reason, and a very strong

Paris. The chef d'auvres of art of the Dutch and Flem

islı schools, and in Prussia, were acquired by France in the one comparatively slow, for we have in the first reason, governing me in demanding that an hon. saine violent way. This proceeding is severely condemned place to give notice to the rebel authorities that orable exchange shall be made, and that they shall by distinguished historians, as an abuse of the power of unless they change their course we shall retaliate. be brought home.

conquest, and a species of military contribution contrary That is contemplated. It may be that I am wrong

to the usages of modern civilized warfare. (Alison's His

Mr. FOSTER. I certainly did not, as the hon- tory of Europe, vol. 3, p. 42. Sir Walter Scott's Life of in saying that notice is to be given.

orable Senator does me the justice to state, intend Napoleon, vol. 3, pp. 58-68.)" Mr. COLLAMER. It is not contemplated in to misrepresent him. I did understand hiin as I

I will now read a short paragraph from Prothe resolution.

stated. Perhaps I was wrong in so understandMr. FOSTER. It may not be in the resolu- | ing him; of course I was wrong if he disavows

fessor Woolsey, an American writer on interna

tional law, from the State of the honorable Senas tion, but of course it would be understood that il; but when he spoke of the testimony borne by tor from Connecticut: the rebels should at some period, and that very Captain Flinn in regard to the treatment, I think * That retalintion in war is sometimes admissibile all early, understand that we have adopted this plan, ll he said that Captain Flinn represented his treat- agree. Thus if one 'belligerent treats prisoners of war harshly, the other may do the same; or if one squeezos iation, the guerrillas and the confederates, when- ment of our troops held as prisoners by them, and will be the expenses of war out of an invaded territory, the other

ever they have taken captives, have killed and continued only until they treat our prisoners with the line may follow in his steps. It thus becomes a measure of selt protection, and secures the greatest amount of humanimurdered, in the same summary manner, two or

manity demanded by the usages of civilized nations.

“I would rejoice lo sce every prisoner of ours held by ity from unteeling military officers. But there is a limit three for each one that was executed by the order the rebels released at once, but when I kuow that the reto the rule. If one general kills in cold blood soine hun- of our officer.

Jense of a Union prisoner by the rebeis requires the release dreds of prisoners who embarrass his notions, lis antag- Mr. President, I would, in some extreme cases,

of a rebel prisoner by our Government, and that he will be onist may not stain himselt by similar crimie, nor may lie break his word or oath because the other liad done so bevote for retaliation even to the execution of an

at once thrown into strongly fortified works, and that you

will be compelled to recruit three other soldiers 10 unito fore. The limits of such retaliation it may be hard to lay

innocent man,

where that execution would prom- with our returning prisoner to make the coinbat equal; that down. Yet any act of cruelty to the innocent, any act, ise to do any good in restraining crimes and ex- four lives are to be put in jeopardy to recapture the rebel especially, by which non-combatants are made io feel the cesses and violations of the laws of war by our

whom we have released, I cannot criticise the Secretary stress of war, is what brave men shrink from, although they

ot' War it' lie should refuse to exchange prisoners from this inay teel obliged to threaten it."-Woolsey's International enemy; but I would have to be thoroughly con

time forward until the close of the war, even if a fair exLaw, page 293.

vinced that there was a reasonable promise of change could be secured; but I apprehcnd there are very These high authorities lay down distinctly those results before I would ever give my sanc

few Senators liere who believe that a fair exchange can be that there is a limit to this right of retaliation. tion for retaliation upon an innocent man that

cffected. They so analyze all prisoners that they hold of

ours as to release those whose terms of service have expired The first author from whom I read, who was one was entirely disconnected, free from and unstained

or are about to expire. Their soldiers are mustered in pracof the most enlightened writers upon public law

by the particular crime for which retaliation was tically during the war. Every southern citizen able to bear in this or any other country, lays down the gen

about to be resorted to. But, sir, if I could be arms is enrolled as a soldier during the continuance of the eral principle that the law of retaliation cannot induced to come to make such an exception as

war. Then when we release a rebel prisoner we put him

into their army during the continuance of the war, while be properly inficted upon an innocent man. Be- || that, I would limit it to the officer. The private

in urine cases out of ten, probably, the soldier received by fore it can be justified by the laws of nations and soldier, by the military discipline of every army, us in return will be at once ill ted and musicred out of serthe usages of the civilized world and by the prin- be that army insurgents, or an army maintained vice. In addition to this, we know from the facts that have

been developed by the coinmillec on the conduct of the war ciples of humanity, you must first lay your hands | by a regular Government in the waging of a reg

that they do not return to 18 able bodied inen, but only upon the guilty; that a man is responsible only ular war, is bound by the penalty of death io

exchange the sick and dilapidated for those that are ablepersonally in his person and by personal pun

obey the order of his superior; and in no case bodied and vigorous. We cannot, as I am iuforwad, seishment for his own individual crimes; and that would I ever vote for or give my sanction to the cure a fair exchange. If a fair exchange could be secured,

I probably would accept it; but when a fair exchange canhe is not responsible for the acts of his nation, of punishment by death of a private soldier for

not be liad, I cannot complain of the Secrctary for insisthis countrymen, or of his Government, in their having obeyed the orders of his superior officer.

ing on it with pertinacity when the delay is ruinous to the violations of national law in any other regard or

The utmost verge to which I would press the rebel cause and is hastening their ultimate overtirow.” relation except in his property. That is what | principle of retaliation would be to execute that There is the argument of my honorable friend. Chancellor Kent lays down. Woolsey lays down

law upon officers or some class of officers whose I listened to it with immense surprise and with the same principle in effect, when he says:

example by way of punishment might be pre- great regret. More than twelve months ago I enIf one general kills in cold blood some hundreds of

sumed reasonably to have an effect in restraining deavored to bring the attention of the Senate to prisoners who cinbarrass his motions, his antagonist may

the cruelties and the excesses of their Govern- this identical subject of our suffering countrymen not stain himself by similar crime."

ment in the administration of the laws of war. in rebel prisons. I proposed in the Senate a resWhat were the laws of war and what were the The honorable Senator from lowa, (Mr. HAR- olution calling upon the Executive for all the corrights of retaliation two hundred years ago, es- LAN,) a few days ago, assumed the position that respondence between the two Governments on the pecially four hundred years ago? They recog.

it was no more cruel and no greater outrage upon subject of exchanges. The Senators will recolnized ihe principle distinctly that if one army the laws of humanity to starve a man to death lect that I made a lengthy speech, and with all defeated another and took a larger amount of pris- || than to shoot him. From that position I dissent the little power that I possessed I endeavored to oners than it could secure, the conquering army | altogether. I could and would vote in some par- enlist the reason and the sympathies of the Senhad the right to put the prisoners to death. The cicular cases to have a captive of the enemy, an ate and of the country for our suffering prisoners laws of nations of the present Christian and civil- || officer, executed by a file of men; but I never in rebel prisons, but all without any success. ized age utterly reprobate and reject that princi- || would doom an officer or a soldier io the horrible Now, Mr. President, there are two parties to ple. The laws of war in this Christian and civil- torture of death by starvation upon any principle this treatment of our unfortunate and gallant men ized age reject the principle of devastating the of retaliation whatever, and there is no influence who have been perishing in rebel prisons. Who property of non-combatants and the inflicting of on God's earth that would ever bring me to give are the two parties? The one is the rebel govthe ravages of war on the monuments and the my sanction to any such horrible mode of execu- ernment and rebel authorities; the other is our fruits of the arts of a country: What is proposed tion.

own Government and our own authorities. I in the present resolution? It is one of the most The honorable Senator said, furthermore, that stated on this floor that about eighteen or twenty striking features in the proposition to retaliate he thought from this time henceforth there should thousand Union prisoners had been taken into upon the rebels by starving their prisoners to be no exchange of prisoners; that our prisoners | Libby prison and the prison on Belle Isle in death because they have starved our prisoners to in the rebel prisons were starved; they were ex- twelve months, and that a friend of mine who had death. There is no power on this earth that would hausted in their energies and strength and health; returned from there informed me that while he ever win or wring from me my sanction to such that if they were relieved from their prisons by was there one third of the whole number per. a barbarous principle of retaliation as that. It || exchange iheir times would be about to expire; ished from exposure and want of sufficient food would be torture.

or that they would be in such a condition of phys- and attention in their sickness. Would the Senate pass a resolution requesting | ical health that they could render no service to

Mr. CLARK. I ask the Senator from Kenthe President to bring confederate prisoners to their country by reëntering the Army.

tucky to give way for a moment to allow me to the thumb-screw, to all the tortures that prevailed Mr. HARLÁN. Does the Senator attribute introduce a bill, if it is agreeable to him to do so. in the dark and barbaric ages of Europe? If the that remark to me?

Mr. DAVIS. Certainly. proposition were made in that form, it would be Mr. DAVIS. Yes, I do.

Mr. CLARK. I ask the unanimous consent of rejected unanimously by the Senate. Is it not Mr. HARLAN. I have only to remark that the Senate to introduce a bill of which no previous now made in a form equally cruel and more hor- the Senator misapprehended my statement en- notice has been given. It is a bill precisely in the rible in the form of starvation? Sir, what greater || tirely.

words of the deficiency bill which has failed, with torture is there than for a man to be starved to Mr. DAVIS. Well, sir, I will read the Sen- the exception of the items to which the Senate death? None. I am astonished that the mon- ator's statement. Here are his words:

refused to agree. I desire that it may be received sters of the southern confederacy, or of any other “This is the present condition of the contest. The re

and put upon its passage. country, could be found to look patiently upon the bellion has been so far suppressed that they are no longer

The VICE PRESIDENT. The Senator from wasting health and energies of a captive prisoner able to meet us in the open field; they are now ensconced New Hampshire asks the unanimous consent of and see that prisoner condemned to the slow torbehind the strongest works that bumali skill and energy can

the Senate to introduce a bill. Is there any obproduce. We are the assailing party; we are compelled ture of starvation. The honorable Senator from

to fight them in those works, and to capture those garrisons || jection? Massachusetts (Mr. Sumner) is true to the high- 1 by assault, or the tedious process of a sicge, in order to se- Mr.SUMNER. I would rather have it lie over est impulses of human nature and of Christian cuire complete success. I think, therefore, it is very doubt- until 10-morrow morning. civilization when he protests against any such l'al whether we are damaged by the rel'usal of the rebels 10

The VICE PRESIDENT. Does the Senator make a fair exchange; an exchange man for man will inake principle of retaliation as that.

the rebels relatively stronger. It is therefore doubtsul, lo object? Sir, I will revert to retaliation in my own State. say the least, whether a far-secing, sagacious humanity Mr. SUMNER. I do object. There has been retaliation there by the commander

would not induce this Government to refuse to exchange The VICE PRESIDENT. Then it is not ad. of the department to this extent: he has captured || adopted, then of course if the rebels treat Union troops held prisoners from this time forward. If this course should be

missible. guerrillas, and he hus taken prisoners of war that by them as prisoners of war with preineditated cruelty and

Mr. JOHNSON. With the leave of the Senwere captured in battle, as I understand, from Inhumanity, it will furnishi a just occasion for retaliation. ator from Kentucky, as it is now past four o'clock, their prisons, from their captivity, men who had

" Such retaliatory measures should not be adopted rashiy

I move that the Senale adjourn. no connection whatever with those guerrilla acts

or needlessly, because it will always seein hard to compel
the innocent to suffer for the guilty; on the surface it may

The motion was agreed to; and the Senate that brought murder and desolation upon partic- seem cruel and inhuman, but only in the same sense in adjourned, ular sections of our State, and he has caused them which it is cruel and inbuman to shoot a prisoner of war to be shot to death. I say that retaliation to that

iu retaliation for the murder of one of our own soldiers HOUSE OF REPRESENTATIVES.

held by the enemy. Yet this is in accordance with the extent cven is condemned by the Christian and usage of all civilized nations, It is resorted to in order to

WEDNESDAY, January 25, 1865. enlightened principles of Chancellor Kent and of compel the enemy to treat with humanity those whom The House met at twelve o'clock, m. Prayer Professor Woolsey; and I maintain that that form they may capture in battle. There is nothing more cruel, of retaliation is a mistake; it corrects no evil; it it seems to me, in putting a rebel prisoner on lean fare

by Rev. W. Y. Brown, chaplain of Douglas hosthan there is in shooting a rebel prisoner in retaliation. pital. prevents no crime upon the part of those who “ I desire that this resolution, if it is to pass, shall be The Journal of yesterday was read and approved. committed the first crime. We know in Ken- amended somewhat so as to require tlic punislıment to be tucky that for the forty or fifty men who have strictly retaliatory ; to be intlicled on officers and inen of CONFERENCE COMMITTEE APPOINTED. thus been seized and shot to death without trial equal number and of the same rank; and so as to instruct

The SPEAKER appointed as the second comthe President to notify the rebel authorities that this punby order of the general, on the principle of retal- ishment is inflicted in retaliation for the inhuman treat- mittee of conference on the disagreeing votes of

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