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regard to negro soldiers, without regard even to the control, shall be made responsible by the loss of depredations upon private property and despoiling and plunStates whence they come, if the rebels were to at- his life in any form for the wickedness and crimes dering the cuemy's territory are still too prevalent, t'fpetempt to make that distinction, but so far as you of others. But I might be willing to doom to

cially, when the war is assisted by irregulars. Sucli conduct

has been condemned in all ages by the wise and virtuous, can, if you can secure the exchange of one or death the officers of the confederacy, the men of and it is usually severely punished by those commanders one thousand, or of all, to proceed prompily to influence and power who may be reasonably sup- of disciplined troops who have studied war as a science exchange our white soldiers, and in the name of posed to exercise some control, some restraining and are animated by a sense of duty or the love of tome. humanity and justice restore them to their homes, power, over the policy aad measures of the con

We may infer the opinion of Xenophon on this subject

(and he was a warrior as well as a philosopher) when he to their country, although their terms of service federation—not death by starvation, but the mili

states in the Cyropædia that Cyrus of Persia gave orders may be about to expire and they will no longer | tary death of being shot by a file of soldiers. I 10 his army when marching upon the enemy's borders not enter into your armies. This is due to the rela- would, however, a wait for the case to arise, and to disturl, the cultivators of the soil; and there have been tionship between such soldiers and their country.

such ordinances in modern times for the protection of inI would adjudge of it in all of its circumstances.

nocent and pacitic pursuits. Vattel condemns very strongly It is due to their patriotism. It is due to the I would not retaliate even upon the officer unless the spoliation of a country without paipable necessity; and manner in which they have braved death in the there was a reasonable prospect of its resulting he speaks with a juist indignation of the burning of the field and a more horrible death from disease in in some essential good to our own unfortunate Palatinate by Turenne, under the cruelinstructions of Lou

vois, the war minister of Louis XIV. The general usage the camp and the prison. It is due to them, from prisoners. If Congress chooses to initiate a pro

now is not to touch private property upon lund without all these considerations, that this justice should ceeding of that character, or if the President does

making compensation, unless in special cases dictated by be done to them.

it of his own accord, as I conceive he has the the necessary operations of war, or when captured in places Mr. President, I favor the proposition to send a amplest power to do, I will sustain Congress or carried by storm, and which repelled all the overtures for commissioner to the rebel authorities on the sub- the President in it with the little feeble support

a capitulation, Contributions are sometimes levied upon

a conquered country in lieu of contiseation of property, ject involved in this resolution. I am for trying | morally or in any other form that I can give to and as some indemnity for the expeuses of maintaining everything short of retaliation which reasonably such a humane measure; and when that measure

order and affording projection. It ihe conqueror goes bepromises relief, before we resort to that dread has been reasonably tried, and has been found to

yond these limits wantonly, or when it is not clearly indis.

pensable to the just purposes of war, and seizes private remedy. I am for proposing to the rebel author- fail, then I will judge how far retaliation, even

property of pacitic persons forthe sake of gain, and destroys ities a reasonable and just exchange of prisoners. | upon officers, is, i my judgment, politic and hu

private dwellings or public editices devoted to civil purTo any and every extent that they are willing to

But that retaliation which violates the poses only, or makes war upon monuments of art and modenter upon that exchange, I would accept it. Be- moral sentiment of the world and the Christianity

els of taste, be violates the modern usages of war, and is

sure to meet with indignant resentment, and to be held up cause they would not exchange negro prisoners of the age, which shocks mankind, and which to the general scorn and detestation of the world." I would make it no difficulty in the way of ex- fills the universal human heart with awe and rechanging white prisoners. Because they would | vulsion, I will never consent to. It would be a

The laws of war have been gradually growing not exchange while prisoners of a certain class, I greater crime and wickedness than that of the

more humane for centuries, and they are more would make it no difficulty to the exchange of rebels themselves.

humane in the present age, in principle and acwhile prisoners of every other class. I would I will make a single remark more, and then cording to the general practice of nations, than snatch every white soldier, every American pa. take my seat. We waged the war of the Revo

they have ever been before. The laws of war, triot, whose courage and love of country and of lution, we waged the war of 1812, and there is

and especially the law of retaliation, as I said his Government prompted him to go to the battle- not a solitary instance of retaliation throughout yesterday, are ameliorated by the sentiment of field and peril all in defense of the rights of his the whole course of those wars beyond confine

ihis Christian and enlightened age, and it is a country, from prison, and especially from such a ment in close prison.

noble monument of the advancing enlightened prison as these men are now in.

Mr. HOWARD. That is a mistake.

philanthropy and Christianity of this day of the Mr. HOWE. Will my friend tolerate me in Mr. DAVIS. Such is my recollection.

world that the horrors, even of the laws of war, one more question?

Mr. SUMNER. That is the statement of Chan

are thus being mitigated. Instead of our ConMr. DAVIS. Certainly. cellor Kent.

gress repudiating the maxims and the practices Mr. HOWE. If the rebels were to say to-day Mr. HOWARD. He is incorrect in that as in

of the century, and going back to the bloody code, that they would exchange our black soldiers and some other things.

the barbarous and inhuman practices of more than would not exchange our white soldiers, would the Mr. DAVIS. I know there were some En- a century ago, even in this great civil war, it betSenator be willing to effect exchanges so far? glish prisoners in the war of 1812 brought to Ken

ter becomes us to advance further and further in Mr. DAVIS. I said half an hour ago that I lucky and confined in the penitenciary, and that

this noble progress that mankind has been making, would. was all the punishment imposed upon them. I

Mr. HOWARD. Mr. President, it seems to Mr. HOWE. I am very glad to hear it. know that some of our sailors were taken from

have been the effort of the Opposition, in the comMr. DAVIS. I said half an hour ago, I said | off our decks and confined by the British, and in

ments which they have made upon the resolution twelve months ago, that I would. I say that it is retaliation we imprisoned ai Worcester, in the

now before the Senate, to make the Administrathe right of every man, white or black, who vol- State of Massachusetts, some British sailors whom

tion odious for not having perfected and carried unteers as a soldier in the United States Army, we had captured and intended to hold as host

out a system of exchange of prisoners with the and who is received by our authorities as a sol- ages. The Legislature of Massachusetts had pre

rebels, and in that manner to have liberated our dier, who is so unfortunate as to be taken a cap- viously passed a law allowing the United States countrymen in their hands as prisoners of war. tive, and whose captivity is of the revolting char- the use of its penitentiaries and jails for the im- | Instead of meeting the question fairly, upon iis acter of that of which we have heard-ic is the prisonment of prisoners. But although those En

own merits, and upon the facts clearly in proof right of that prisoner, whoever he may be and glish prisoners were held as hostages for the safety

in the case, it seems to me they rather attempt to whatever may be his color, lo be delivered from of our own citizens who had been dragged from

use the occasion as one for the promotion of party such a captivity at the earliest possible moment under our flag and from our own decks, and whom

purposes, and for the purpose of assailing the in which he can be delivered, and the Govern- the English authorities were threatening to exe

Administration. ment ought to make use of every reasonable ex- cute as traitors, although those prisoners were

I do not wish, upon such an occasion as this, ertion in its power to deliver all of them, one of held for that purpose, commending itself to the to imitate their example. I shall take it for granted them, or any number of them. heart and reason and patriotism of every man,

that the Administration have done all in their Mr. President, as I said yesterday, I will never the Legislature of Massachusetts at once passed power, all that could be required of them by the give my sanction to starving any man for any a law directing the prison-keeper to discharge

laws of war and by their duty to their country, offense, upon any imputed crime, io subserve any those prisoners, and they were discharged and

to establish and carry out a system of exchange purpose, the most holy that can be conceived of went into the British provinces. And thal Legis- for the purpose of such liberation. I will not by ihe purest of living men. It is utterly abhor- || lature, furthermore, passed a law prohibiting the

stand here to accuse them of the atrocious crime rent to my nature. I am no Christian; I wish to use of the prisons of Massachusetts to the Gen- (for it would be a crime if they had committed it, God that I was; but I have been educated in a eral Government for any such purpose, and di

or if it had been committed,) of permitting our Christian country, and I hope I have imbibed rected peremptorily, and if I recollect aright, under

soldiers to remain in the cruel custody of the some of the pure and benevolent teachings of a penalty, that whenever any such prisoners, taken rebels for some purpose other than the public Christianity.' Whether or not, it is so abhorrent || captive from the English, should be confined by our good, for some purpose not authorized by their to my whole nature and soul to starve a man to authorities, civil or military, in Massachusetts || duty to their country. I shall presume in this death that I never would give it any sanction, and prisons, they should be discharged by the prison- | discussion that the executive branch of the Govwherever I could intervene by feeding a starved keepers. Now, as to the question of fact, I will ernment have at least tried faithfully to do their criminal, or imputed criminal, at any cost, I would read from Chancellor Keni:

duty to the country, and that if they have failed thus minister io him, whether he was black or “ Vattel speaks of retaliation as a sad extremity, and it

in bringing about this exchange and ihe liberalion white, whoever he was, provided he was a man

is frequently threatened without being put in execution, of our prisoners in rebel hands, they have innoin the shape of a human being.

and probably without the intention to do it, and in hopes cently failed, and failed upon such principles as

that fear will operate to restrain the enemy. Instances of But, sir, when a proper effort is made by our

justify their conduct before their country and beresolutions to retaliate on innocent prisoners of war ocPresident alone, or by our President encouraged curred in this country during the revolutionary war as well

fore the world. by Congress, to have proper exchanges made, in as during the war of 1812, but there was no instance in which

But, sir, I rose more particularly to pay a mowhole or in part, or to any extent, and that effort

retaliation, beyond the measure of severe confinement,
took place in respect to prisoners of war."

ment's attention to some observations made by fails, I shall be willing to take steps for retaliation;

To sustain this he refers to the Journals of Con

the Senator from Indiana, (Mr. HENDRICKS,] the not retaliation by torture, not retaliation by starving to death any man, officer or private, not regress and various other authorities. The same

other day, upon this subject. The Senator tiom

Indiana, entertaining, as he told us, a very strong taliation upon the private soldiers, who are mere author says also in regard to war:

doubt as to the weight of the testimony which I machines with no volition, who have no mental

« There is a marked difference in the right of war car

took the trouble to lay before the Senate, and deried on by land and at sea. The object of a maritime war and ought to have no moral responsibility in the is the destruction of the enemy's commerce and navigation, || nying that the present occasion is one for the exmatter, and whose sole and stern and unfortunate in order lo weaken and destroy the foundations of'liis naval ercise of retaliatory measures against the rebels, duty it is to obey orders. I never will consent

power. The capture or destruction of private property is tells the Senate that the only authority from the thai a man thus circumstanced, thus acting by a essential to that end, and it is allowed in maritime wars by

books which he has read • condemns what the the law and practice of nations. But there are great limipower and a force over which he can exercise no tations imposed upon the operations of war by land, wuugh

Senator from Michigan proposes;" that is, what

ana

is proposed in the present resolution. He con- force is to be measured and determined. If you the purpose of showing what were his vicws upon tinues:

are dealing with an enemy who is not restrained this great subject of retaliation. " Who," he ex“ He has not given us a citation of a single authority of by the ordinary punishments inflicted by civilized claims in his conversations with Las Casasforce and respectability in this body justifying the high nations engaged in war with one another, if you Who can blame me for having acted thos? What! measure which he proposes. I expected to hear it. He is

are engaged with a barbarous enemy who does blows threatening my existence are aimed at me day after the champion of the measure; he reports it to the body; but instead of referring to accredited authority upon the not besitate to put innocent prisoners to death

day, from a distance of one hundred and fifty leagues; no subject, he gratified the Senate by reading from a pamphlet without necessity and in his own wrong, if you

power on earth, ho tribunal, can atford me redress; and

shall I not be allowed to use the right of nature and return containing a report of a committee,”' &c.

find it absolutely necessary to resort to severer war for war? What man unbiased by party feeling, possessThe passage alluded to by the Senator from and still severer measures of retaliation, in order ing the smallest share of judgment and justice, can take Indiana was from General 'Halleck, in which, to compel your adversary to observe justice, then, upon himself to condemn me?"

"They [the Bourbon princes) could not reasonably prealthough the general admits the propriety of the sir, upon every principle of common sense and tend to be above the law to destroy others, and claim the principle of retaliation, he declares that where one of common law, you are authorized to use that

benefit of it for their own preservation; the chances must belligerent resorts to inhuman and barbarous prac- amount of severity which will insure the end at be equal." tices in the treatment of prisoners, or in any other which you aim, which will compel him to aban- So exclaims the emperor, and so I say, "the mode of carrying on the war, it is not permissible don his evil courses, and to observe the laws of chances must be equal.” The rebels have no to a civilized nation to imitate his example by way

christianized, civilized war. It is a complete beg. | right in justice, or upon any principle, to claim of retaliation; and General Halleck, in suppori, || ging of the question to say that you may not by for themselves immunity for atrocities committed as it would seem, of this declaration of his, refers way of retaliation starve á prisoner to death. If against us. The emperor, proceeds: to various writers upon the laws of war and the your enemy persists in starving your prisoners

“My great maxin has always been that in war, as well as laws of nations. Since the passage has been called in his hands to death, after you have notified him, in politics, every evil action, even if legal, can only be exto my attention, I have examined the authorities after you have remonstrated with him against it, cused in case of absolute necessity; whatever goes beyond referred to by the general in bis text, and I do not and it is perfectly apparent that a similar treat- that is criminal."-Las Casas, Jour., vol. 4, p. 30, London

edition of 18:23. find that he is supported by a single one of the ment of his own prisoners is the only means by distinguished writers to whom he refers and whom which you can restrain him, I ask you, sir, He put the question of retaliation upon the he cites in support of his proposition; and I say whether it coniports with humanity, with your ground of necessity for the purpose of protecting here in the Senate, with confidence, that there || duty to protect your own soldiers, to omii the

himself, as chief of the State, from the attempts cannot be found in any of the writers commonly || employment of such means as will obviously re

at assassination made against him by his enemies. accredited as teachers upon the laws of war and strain your enemy, and compel him to treat in

Mr. McDOUGALL. I understand the Senator the laws of nations any statement or declaration the ordinary way of civilized warfure the pris- to quote from a rule laid down by an emperor, at that corroborates and supports that of General oners in his hands?

thai tiine First Consul, who had acquired power Halleck in this regard. Valtel says—and this was

Mr. McDOUGALL. Will the Senator from

in France. the passage referred to by the Senator from Indi- | Michigan allow me to make an inquiry of him

Mr. HOWARD. I believe he possessed some for information?

power at the time he retaliuted. “Retaliation, injust between private persons, would be Mr. HOWARD. Yes, sir.

Mr. McDOUGALL. I do not understand that a much more unjust practice between nations, because

Mr. McDOUGALL. We have all read the to be a piece of legislation, but the affirmation of here the punishment would fall with niore difficulty upon rules that Vattel and other commentators on the

a doctrine or a policy of war. Am I right in those who have done the wrong.”

laws of war have laid down on this subject; but that? Was not that a policy of war laid down This is the passage from Vattel upon which is I will inquire of the Senator, has it occurred in when adversaries were contending with each predicated, I may say with propriety, I think, the the history of civilized States to legislate a lex tal

other? Was it legislation? Was it ever done in whole of the argument against the measure of re- ionis ?

council hall by the men who undertake to make taliation which is now proposed. It is asserted that Mr. HOWARD. Yes, sir.

laws? Vattel condemns such retaliatory measures dur- Mr. McDOUGALL. When and where?

Mr. HOWARD. I am coming to that quesing war, and this passage which I have cited is Mr. HOWARD. I will answer my honorable tion directly. If the Senator will exercise bis used in support of that proposition. This pas- friend from California on that subject 'so perfectly patience a little, I will come to that point in the sage has been erroneously applied to an existing that I think he will not be inclined to repeat the course of my remarks. I really hope he will enwar, whereas the author is speaking only of re- question before I get through.

deavor to control his impatience for a moment. taliation as a means of compelling a nation to do Now, sir, upon the general subject of retalia- I certainly will do as I promised. He need have justice before making war upon her. He is tion in the prosecution of a war

no anxiety on that subject whatever. speaking of this retaliatory law as one which Mr. McDOUGALL. If the Senator will allow Mr. McDOUGALL. The promise of the Senmay or may not be put in practice before the

me, I will state my position more exactly so that ator is a very good one. I have great respect for offended nation sees fit to take the remedy into he will understand precisely how to answer my

him. its hands and enters upon a direct prosecution | question. I understand that the lex talionis is a

Mr. HOWARD. Now, sir, the honorable lo right her wrongs. As such preliminary means business of time, carried out by military com

Senator from California, with that confidence in the author condemns the use of it, but he nowhere manders in the field pending war, not a matter of his own excellent understanding, and well-incensures, but everywhere recognizes, the principle | legislation. I do not remember in all history of

formed mind which pertains to him, seems 10 of retaliation. This is obvious enough from the anything of legislation on that subject.

throw a defiance to me to produce any act of rest of the paragraph which the Senator from In- Mr. HOWARD. I think I shall show the legislation by which the principle of retaliation in diana would have done well to read before attempt- honorable Senator from California that in that war has received the sanction of any civilized ing to cast his censures upon me. The same respect he is mistaken also.

Government; and I now address myself to that author uses the following language upon the sub- Mr. McDOUGALL. I may be.

particular question. If the honorable Senator ject of retaliation in the same paragraph:

Mr. HOWARD. I have another authority | will turn to page 743 of the first polume of the “ What right have you to cut off the nose or the ears of upon the general law of retaliation, the weight of Statutes at Large of the United States, published the embassador of a barbarian who has treated your embassador in like manner? As to those reprisals which in

which I think will hardly be denied or disputed. || by Little & Brown, he will find an act, approved time of war partake of retaliation, they are justified by

It is a no less authority ihan Napoleon himself, March 3, 1799, while the Congress of the United other principles, and we will speak of them in their place.” who probably was as good and as profound a

States were in existence, entitled “An act vestThey are justified by other principles, by the judge of the rules of war between civilized nations ing the power of retaliation, in certain cases, in principle, of course, of necessity, of a just selfas has ever lived, a man who for twenty-five

the President of the United States." That act defense and a just protection of one's own rights; | rights and usages, one to whom they were as years was almost in the daily exercise of those declares:

“That on information being given to the President of the and whatever may be that necessity, the honorable Senator will find that by the books it is bounded familiar, doubtless, as any other branch of his

United States proving satisfactorily to him that any citizen

of the United States who shall have been or may be found only by the principle of self-preservation, the great profession. History tells us that the Bour

on board any vessel of war of either of the Powers al war preservation and defense of the nation and of its bon princes conspired together in London and in

with the French republic, and who shall have been iminterests; and there is no other rule by which

other places to assassinate Napoleon while he was pressed or forced by violence or threats to enter on board this necessity can be bounded or measured. He First Consul; and so far did the conspirators go

such vessel, bath suffered death, or hath received other cor

poral punishment, or shall be imprisoned with unusual seproceeds: with their projects against his individual life as

verity by order ot' the executive Directory of the French 56 All that is true in this idea of the talio is, that, all things

chief of the State, that they employed the “infer- republic, or of any officer or agent acting under their aubeing equal, the punishment ought to hold some proportion

nal machine," so called, for the purpose of de- thority in pursuance of any decree of the said Directory or to the wrong which is to be punished”stroying his life while he was passing through the

law of the French republic, it shall be lawiul for the Presi

dent of the United States, and he is bereby empowered and This is Vallel's languagestreets of Paris. The historical incident is familiar

required, to cause the inust rigorous retaliation to be exeHi the end and foundation of punishment requiring it to be

to us all. By way of retaliation for such repeated cuted on any such citizens of the French republic as have thus."--Vatiel, lib. 2, chap. 18, sec. 339. attempts upon bis life made by persons who were been, or hereafter may be, captured in pursuance of any of

the laws of the United States." Mr. Wheaton, creating of the rights of war be

in the employ of his enemies, and who were, of tween enemies, says:

course, to all intents and purposes, his public There, sir, is the exercise of the talio by an act

enemics, he seized one of their number, the Prince of Congress pure and simple, reflecting retaliaThe law of nature has not precisely determined how d'Enghien, on neutral territory, brought him by tion, not upon the guilty party who has commitfar au individual is allowed to make use of force either to defend himself against an attempted injury, or to obtain

force to Paris, subjected him to trial by a military ted the atrocity or the barbarity, not upon the reparation when refused by the aggressor, or to bring an

commission, by which he was sentenced to be officer or the soldier who has committed the crime ofender to punisiunent. We can only collect from this shot, and the dreadful sentence was carried into upon American citizens, but upon any citizen or law the general rule that such use of torce as is necessary for obtaining these cuds is not forbidden.” The saine prin

execution even without the knowledge of the subject of the French republic who shall be capciple applies to the "conduct of sovereign States existing

emperor. For this act of retaliation the emperor tured by the authority of the United States. It in a state of natural independence with respect to eacli

has, I believe, been generally condemned by En- | will be recollected that at that time the United other. No use of force is lawful except so far as it is ne- glish writers and English historians; but I refer to States were in a quasi state of war with the French cessary."

ihe incident, not for the purpose of showing that republic. That is my first precedent; but I do Necessity is then the alandard by which the what he did was in itself just and right, but for not stop there.

As recently as 1813 the Congress of the United | committed against us as the angels in heaven. It Potter, Quincy, Reed, Rodman, Sheffy, Stanford, States passed a similar act, applicable exclusively was then and is now the only mode which is left and White. The political character of those who to acts of the British military authorities during us to bring home to the hearts and heads of our voted in the negative is sufficiently indicated by the war of 1812. I think the immediate occasion adversaries a restraining influence which shall their names. If there are those who desire to of the passage of this act was this: at the surren- induce them to treat our soldiers and prisoners in imitate them I certainly can have no objection to der of General Scott in Canada there were some their hands with more mercy, with more kindness, their following their own preferences. two dozen British subjects of Irish descent made and with more indulgence. In short, sir, you Mr. WILSON. Mr. President, I rise for the prisoners by the British army. Scott and his fel- must, in such a case as this, punish the innocent purpose of moving that this resolution and all the low prisoners were put into a prison-ship for the for the guilty. It is not new in the history of amendments that have been proposed to it be repurpose of being transported to Boston and there human frailty, it is not new in the history of na- committed to the Committee on Military Affairs. to be exchanged as prisoners of war; but the Brit- || tions, or in the social history of mankind, for the I think that the committee, in the light of this deish military authorities discovered that among innocent to be punished for the guilty. I agree bate, can frame a resolution that we can pass with these prisoners were several Irishmen, who were that it is abhorrent to our feelings of humanity; the general assent of the Senate. This debate detected to be such from their peculiar accent, but we must remember, at the same time, that we has given us an opportunity of understanding the their brogue, and the captors, or the guard on are not at liberty to suffer our prisoners who are views and wishes of the members of the body. board the ship, were carefully selecting out every in the hands of the enemy to lie there and perish We have the original report. We have the amende one of these İrish prisoners, who were told that | by slow starvation when we have it in our power, ment proposed by my colleague. We have the they were not to be exchanged as prisoners of war by simply subjecting their own countrymen in amendment that I have moved to his amendment. under the cartel existing between the two Gov- our hands to the same punishment, to remedy the We have a proposition made by the Senator from ernments, but that they were to be transported evil. I say it is the only remedy we have. It is Missouri, [Mr. Henderson,] another by the Senacross the Atlantic to England, and there to be a hard necessity, to be sure. To me it is one of ator from New Hampshire, (Mr. CLARK,) and tried, convicted, and hanged as traitors against the the greatest absurdities to say that the exercise another from the Senator from Ohio, (Mr. Wade,] Government of the country in which they were of this retnliatory right brings us upon the same and there may be others. born. That was the threat at least, that they || level with the rebels themselves. I was amazed, Mr. DOOLITTLE. If the or from Magwere to be hanged as British subjects found in and am still amazed I must confess, at the lan- sachusetts will allow me to interrupt him, as he arms against their country, under a very ancient guage of Professor Lieber, rather ostentatiously was not in his seat when the honorable Senator principle of the laws of England, that a British | quoted by the Senator from Massachusetts in from Michigan read the two acts, one of 1799 and subject cannot expatriate himself in such a man- this debaie. He says:

the other of 1813, I should like to have those acts ner as to throw off his allegiance; he cannot quit

“I am decidedly against the retaliation resolutions con- go to the committee, for I am rather of opinion his own country and become the subject or citi- | cerning prisoners of war. The provision that the South- from hearing them read that they are better than zen of another country to such an extent as to

erners in our hands shall be watched over by national sol-
diers who have been in southern pens is unworthy of any

any of the propositions that have been offered. be incapable of committing treason against Great Britain. There was no other remedy left in the great people or high-minded statesmen,"

Mr. WILSON. If my motion is sustained by

the Senate, the committee will certainly have what hands of our Government except retaliation, and

Certainly the professor could not have written immediately upon General, then Colonel, Scott with any feeling of disrespect toward the mem

has been read by the Senator from Michigan before making his report of these facts to the Secretary bers of this body who have had the benefit of his

them. They will have all the laws of the counletter at the hands of the Senator from Massa

try, and all the facts that we can gather from any of War, the Congress of the United States, then in session, passed the following act: chusetts; and certainly the Senator from Massa

quarter. I think that if we recommit this propchusetts could not have intended anything offen

osition, and the amendments to it, the committee 4 An act vesting in the President of the United States the sive by introducing a letter in discussion which

can put the resolution in shape, and therefore I power of retaliation.

make the motion. contains this language. I take no offense at il. "Be it enacted by the Senate and House of Representatives

Mr. WADE obtained the floor. of the United States of America in Congress assembled, That I can only say that the language of this learned

Mr. HENDRICKS. I ask the Senator from in all and every case wherein, during the present war beprofessor indicates, to my mind, that he is rather

Ohio to allow me one moment for an explanatween the United States of Ainerica and the United King- à pedant in national law than a practical slates

tion. dom of Great Britain and Ireland, any violations of the laws man, or even a practical scholar. But he proceeds: and usages of war among civilized nations shall be or have

Mr. WADE. Certainly. been done and perpetrated by those acting under authority “I am not opposed to retaliation."

Mr. HENDRICKS. The Senator from Michof the British Government, on any of the citizens of the Ah! what is retaliation? What is the talio | igan, in the course of his remarks, stated that I United States, or persons in the land or naval service of

spoken of in all the books upon national law? Is the United States, the President of the United States is

should have read further from General Halleck, hereby authorized to cause full and ample remliation to be

it not returning like for like so far as practicable? and not stopped to censure him. I desire simply inade, according to the laws and usages of war among civ- Certainly it is. It means that, and means noth- to say that in no remark that I submitted to ihe ilized nations, for all and every such violation as afore- ing short of that. He adds:

Senate did I intend any censure upon the Senasaid."

“I am not opposed to retaliation because it strikes those tor from Michigan, and I am not aware that I There is no notice required to be given to the who are not or may not be guilty of the outrage we wish British authorities of the purpose of Congress to to put an end to. That is the terrible character of almost

used any language that admits of that construcall retaliation in war. I abhor this revenge on prisoners of

tion. I made such criticism as I thought I was carry out this principle of retaliation. They had

war because we would sink thereby to the level of the allowed to make upon his argument, and in such not reached that sublimated wisdom which seems enemy's shame and dishonor."

language as I thought was courteous; but if ! to have some influence in this Chamber, and by In the estimation of this writer, it seems,

that was misled in the haste of debate to use any lanwhich, it would seem, we are required upon prin- || by inflicting retaliatory punishment upon the guage which can be regarded as a censure upon ciples of honor and justice to notify these rebels rebels who have thus tormented our poor boys to the Senator I certainly did not so intend, and that we intend to retaliate for violations of the

death in southern prisons, we sink to the same would desire to withdraw it. I did not agree laws and usages of civilized war. Our friends

level of shame and dishonor with them. Mr. with the Senator, and attempted to show the reaon the other side would have us believe that the

President, are we guilty of the shame and dis- son why I did not, but intended to express myinnocent, verdant individuals who are at the head

honor of starving to death innocent and brave self with entire respect to that distinguished memof this rebellion know nothing about the laws of men? Are we guilty of crime when we resort to ber of this body. war, that they are innocently ignorant of them all, the only means that God and nature have left Mr. HALE. I send to the Chair the 5th rule and therefore it is becoming us, as a great and us of rescuing our countrymen from the hands of of the Senate, which I wish might be read. magnanimous people, to condescend to give them | these barbarians? Are we chargeable with crime The PRESIDING OFFICER, (Mr. POMEROY notice that we propose to enforce the principles of land infamy and dishonor when we say to the in the chair.) The reading of the 5th rule is that code. I take it for granted that they under- rebel authorities, “ We will return to you like called for, and it will be read. stand the laws of civilized war as well as we do, treatment for like treatment that you may author- The Secretary read, as follows: and that therefore there is no necessity whatever ize against our prisoners," and when we do this

“ 5. When two meinbers rise at the same time, the Presifor our giving them notice that we intend to en- as the only means left us of protecting our pris- dent shall name the person to speak; but in all cases the force the principles of the code. oners in their hands? I cannot accept of any

member who shall first rise and address the Chair shall Section two of the same act declares, further: such doctrine. I cannot believe that the Congress

speak first." " That in all cases where any outrage or act of cruelly of the United States, in the passage of the reso- Mr. HALE. I merely call the attention of the or barbarity shall be or has been practiced by any Indian

lution now before us, will incur infamy, or dis- Senate to the rule because I think the provision or Indians in alliance with the British Government, or in connection with those acting under the authority of the

honor, as imputed to them by Professor Lieber, of it was grossly violated in my case. I had insaid Government, on citizens of the United States or those while I see standing upon the statute-books of tended to address the Senate upon this subject under its protection, the President of the United States is the United States an aci passed by our predeces- | briefly, but as my right to the floor is not recoghereby authorized to cause full and ample retaliation to be done and executed on such Britisli subjects, soldiers, sea

sors here which is capable, if carried out faith- nized by the person occupying the chair, I choose men, or marines, or Indians in alliance or connection with

fully, of producing precisely the same results to postpone it until somebody does occupy it who Great Britain, being prisoners of war, as if the same out- which are specified and individualized only in the will respect it. rage or act of cruelty or barbarity had been done under the resolution now before us.

Mr. WADE. Mr. President, I am opposed authority of the British Government.”

Sir, who voled for that act of retaliation of 1813? to this recommitment, because I am fully perSir, our predecessors in this body did not be- Among the names who voted for it, I find Cul- suaded that if this resolution be recommitted, that lieve, it would seem from their legislation, that we houn, Cheves, Desha, Dinsmore, Grundy, Shaw will be the last of it. I do not know that we can are bound to give notice of our intention to carry of Massachusetts, Taliatero of Virginia, and many carry it through herc; but I know that, in the light out retaliatory measures, but they believed it was others who have left a name and fame behind them of all the authorities that have been read, ihe sufficient to enact, by an act of Congress,that it was worthy of our envy. I find that in the House of resolution as proposed to be amended by myself a duty which was then incumbent upon the Ex- || Representatives there were fifty-six voting in the stands precisely upon those authorities. It does ecutive as the Commander-in-Chief of the Army | affirmative, upon the final passage of that bill, not differ from those in the books. The Senator as it is now. They did not hesitate to apply the and only seventeen against it. Those seventeen from Wisconsin desires the books to go before the principle of retaliation and the retaliatory penalty were Bigelow, Bingham, Champion, Chitienden, || committee to enable them to draw a resolution io persons who were as innocent of the charge | Emmet, Fitch, Grosvenor, Law, Lewis, Mosely, II which he thinks will conform better to the idea of the Senate than the one now before the Senate; but a forbearance here that is most culpable in my || promptly dealt out to yours," It was no less a I assure him that if he will read the resolution in judgment. I take it to be one of the first duties man ihan General Washington that said that. the light of the amendment that is now before the of any nation that compels a soldier into the field Humane as he was, revolting to him as was this Senate he will find it is precisely in accordance to fight a barbarous foe to see that he is protected remedy, he would not shrink from his duty bewith the authorities that have been read. There according to the principles of civilized warfare in cause it required a little nerve to face it. While is nothing new about it.

modern days. When a barbarous enemy tran- I know thai I am treading in the footsteps of that I have been astonished since this measure has scends the ordinary principles of war it is the great man, that I am only urging upon the Amerbeen introduced to find that among the statesmen first duty of a nation to see ihat their soldiers are ican Senate an example that he so promptly set and jurists composing the Senate there is such a protected against these barbarities. Am I wrong, not only onee but repeatedly, I feel that I am not diversity of opinion on the subject of retaliation. sir? Is ita novel principle? Did you never hear to be pointed at here and called a barbarian beWhy, sir, it is among the first things that any. of it before? Am I the barbarian that secks re- cause I propose the same remedy that the Father statesman reads in any of the books composed by | taliation here for the first time? I have been of his Country proposed in like cases. the publicists. It is as common as any other. It pointed at here by gentlemen, and reflected upon Sir, were our ancestors barbarians? You have is laid down in every book upon international law. as though I stood here the ad vocate of unheard- heard from the Senator from Michigan, who has There is no respectable auihor in modern times of barbarity! I am naturally as averse to what thrown a light on this subject that cannot be shut who has denied the right of retaliation, or who may be called cruelty upon any mortal man as out, what they have done on this subject. Genhas doubled its importance. There is no respect- || anybody else, I reckon; but when we are driven tlemen may vote against this resolution, they may able nation but has resorted to it in proper cases; to this painful necessity, I say to you, disagree- vote against this principle, but the fact will neverand there never was a nation placed under cir. able as the duly is, we have no right to shufile | theless stare you in the face forever that your cumstances where this remedy was so loudly and it off.

forefathers resorted to this remedy in a case not emphatically called for as the United States on the The Senator from Connecticut, [Mr. Foster,] a hundredth part as urgent as the present. present occasion, because you cannot find any yesterday turned round to me and inquired, But it is said it is dishonorable to do it, it is barbarities equal to those that are inflicted upon "Would the gentleman slarve a prisoner to death?" shameful to do it. Sir, I would rather stand upon our poor soldiers in the hands of the enemy. Sir, if it becomes my duty to do that, or any other the pages of history as the man who stood forth

I do not exactly agree in all that my friend from disagreeable duty in the performance of a still to vindicate our own glorious soldiery in a way Michigan has said. He thinks that the Execu- higher duty that I owe to the brave defenders of that the public law points out than to stand there tive Government and Congress have done all upon my country, my nerves I think can stand it. His as the man who shrank from his duty because it this subject they ought to have done. I do not nerves do not seem to be at all shaken over the was a disagreeable one. I tell you, sir, the honor believe it. I feel as it were guilty myself that I proved and demonstrated fact that our poor sol- of this nation is only to be vindicated by protecthave delayed so long to bring such a measure be- diers are subjected to this treatment. That does ing the rights of your soldiery in the hands of the fore Congress. We have been told on this floor not seem to disturb him. He knows it is so; enemy. If you think you are going to treasure by a gentleman who is not very anxious for the he is not willing that it should be continued; he up honor to this nation by showing yourself too passage of this resolution, that lie has had his eye | does not want this cruelty inflicted upon our sol- || cowardly, too sublimated, to resort to the only upon this subject until he has no doubt that more diers; but he thinks it would be horrible for us remedy that is practical and pointed out by nathan thirty thousand men have been sacrificed by to enter upon a like system for the purpose of tions, you greatly mistake that meed of honor these barbarities of the enemy. Has there been rescuing both from the perpetration of such acts. that nations give to each other for action. Nay, any movement on our part to do away with them? I am amazed that men can look with perfect cool- | sir, we shall be pointed at as inhuman, as sneakWas there ever a Government that so entirely ness upon the sufferings of our brave men in the ing out of a duty incumbent upon us, that we did abandoned its brave men in the hands of a bar- hands of this barbarous foe, and without raising not vindicate the honor and dignity of the nation barous foe without remonstrance, without a voice a hand in their defense, and yet shrink with hor- by protecting the poor men whom we had it in raised in their defense?

ror from the idea that the miserable traitor who our power to protect. The honor of the nation, I know there are gentlemen here who tell us happens to be in our hands shall be reduced to a our honor as men, consists in the performance of that they have never heard that there was any. like condition, when the only object is to rescue this rugged and disagreeable but necessary duty. thing wrong in the treatment of our prisoners. I both from the necessity.

I hope, sir, that this resolution will not pass think the Senator from Indiana (Mr. HENDRICKS] Sir, do you not know that cruelties are in- from the consideration of the Senate. I will ask, told us that he was surprised we should make flicted to-day, not upon one, but upon thousands || just at this stage, that it may be read as I prothis accusation, that he had never heard anything || of our men who are dying by inches in southern pose lo amend it, and I ask $enators to listen to about it; and yet, sir, it is more than two years prisons? Your own kin, your own friends, your it to see if there is anything in it that requires that ago since this body sent forth a committee io in- own defenders, are there. Is it any worse if you it should go again before the committee that they vestigate the barbarities committed by the rebels see in your own hospitals the enemy subjected to may get some further light on the subject. at Bull Run.

the same treatment?' It would hardly bring any The PRESIDING OFFICER. The reading Mr. HENDRICKS. Mr. President, I am more misery upon mankind than the other, es- of the resolution as proposed to be amended by surprised that the Senator from Ohio should make || pecially as it is done with the express object of the Senator from Ohio is called for, and it will be such a statement, as I have said the very opposite | compelling the barbarous foe to reform his course. read if there be no objection. twice in the Senate. I have said that I believed No nation has found any other remedy. God Mr. WADE. I will thank Senators to listen there were cruelties inflicted upon our prisoners knows, if any Senator on this floor can devise to it, because it is the best argument that can be not justified by the usages of war and shocking in any other means whereby our soldiers can be res- made against many of theirs. themselves, but I expressed the opinion that they cued from this condition, I shall be the first to go The Secretary read the amendment, which was had not gone to the extent that has been stated. with him. There is no pretense that there is any to strike out all after the word " retaliation" in

Mr. WADE. The extent to which they have other. The wisdom of man has never devised the seventh line, in the following words: gone is as palpably and as directly proven as that any other. The books on international law show That in our opinion such retaliation ought to be inflicted they were committed at all. For more than a you that, as yet, the wisdom of man has found upon the insurgent officers now in our bands, or hereafter year you have had before you a report of a com- no remedy for grievances like these except in the

to fall into our hands as prisoners; that such officers ought

to be subjected to like treatment practiced toward our ofinittee of your body who traveled nearly one principle of retaliation.

ficers or soldiers in the hands of the insurgents, in respect thousand miles and took nearly one hundred dep- Sir, how much better are we than our fore- to quantity and quality of food, clothing, fuel, medicine, ositions to show the extent of the barbarities fathers? They felt none of this mawkish senti- inedical attendance, personal exposure, or other mode of that have been committed upon your soldiers. mentality that compelled them silently to see their

dealing with them; that with a view to the same ends, the They have told you how after a whole garrison friends iortured to death without an attempt to

insurgent prisoners in our bands ought to be placed under

the control and in the keeping of officers and men who had surrendered they were murdered in cold rescue them. I have no doubt they were os hu- have themselves been prisoners in the hands of the insurblood. They have told you how those in hospitals mane as we are. But when the necessity of State

gents, and have thus acquired a knowledge of their mode of were taken out and murdered. Yes, they have told was upon them, when their duty as men and

treating Union prisoners; that explicit instructions ought you more than that. They have told you how men members of this legislative body was upon them,

to be given to the forcey having the charge of such iusur

geul prisoners, requiring them to carry out strictly and were taken and crucified in the tents in which when they reflected upon it and saw that there promptly the principles of this resolution in every case, they lived and those tents set on fire and the men was no other remedy except retaliation, their

until the President, having received satisíactory informaallowed to perish in that way; and yet you have nerves were sufficient for the purpose. Have the

tion of the abandonment by the insurgents of such barbanot heard of it and do not believe the extent of the Senale become old women, that we cannot res

rous practices, shall revoke or modily said instructions.

Congress do not, however, intend by this resolution to limit barbarities! The preamble of this resolution does cue our friends from this condition by the remedy or restrict the power of the President to the modes or prinnoi enter at all upon the extreme barbarities that that all civilized nations in war use in such cases?

ciples of retaliation herein mentioned, but only to advise a are revealed in that testimony. Are the gentlemen from Massachusetts more hu

resort to them as demanded by the occasion. I understood the President to say at Baltimore, mane than the Father of his Country was? Do

And to insert in lieu thereof: the very day that committee started on its mis- they claim a higher standing in morals or any

That the executive and military authorities of the United sion of investigation, that if these barbarities, as thing else than the good and glorious Washing.

States are hereby directed to retaliate upon the prisoners

of the enemy in such manner and kind its shall be effeotive alleged, should be proved, he would adopt the ton did? Did he hesitate a moment to apply this in deterring him from the perpetration in future of cruel mosi stringent measures of retaliation. It

principle! Early in the revolutionary war, the and barbarous treatment of our soldiers. printed in the papers that he said so.

When

very moment he saw that our soldiers and officers So that the joint resolution will read: the report of thai committee came out, when were maltreated in the prisons of the enemy, he Whereas it has come to the knowledge of Congress that twenty thousand copies of it were called for by at once resorted to this remedy in accordance with great numbers of our soldiers who have fallen is prisoners the Senate, and when it was spread broadcast | public luw. He did not sland hesitating over it

of war into the hands of the insurgents have been subjected over the land, I believed that the President would as we do, but he at once said to General Gage,

to treatment unexampled for cruelty in the history ou civile

ized war, and finding its parallels only in the conduct of take some steps, at leasi, lo protest against these “I understand that our officers and soldiers in

savage tribes; a treatment resulting in the death of multihorrors. I do not know but that he has done so; your prisons are huddled together; that they are tudes by ihe slow but designed process of starvation, and but if he has I have not heard a word of it. Cer- ireated with inhumanity and barbarity in a great

byuorial diseases occasioned by insuficient and unhealthy tainly I do not charge this more upon the Presi- variety of ways" that he mentions. Now, sir, l'ord, biswanton exposure of their persons to the inclem

ency of the weather, and by deliberate assassinariou of indent than upon ourselves. We have all exercised the measure you mete out to our men shall be uocent and unoffending men, and the murder in cold blood

was

THE OFFICIAL PROCEEDINGS OF CONGRESS, PUBLISHED BY F. & J. RIVES, WASIIINGTON, D. C.

THIRTY-EIGHTII CONGRESS, 20 Session.

FRIDAY, JANUARY 27, 1865.

NEW SERIES.....No. 28.

of prisoners after surrender; and whereas a continuance of sioners there to treat with them." I know the on the subject. I know of nothing that has gone these barbarisies, in contempt of the laws of war and in

Senator did not intend this; but such is the law out either from Congress or the Executive to redisregard of the remonstrances of the national authorities,

of nations and so it will be held by every nation har presented to us the alternative of ailowing our brave

dress this great wrong. As I have said, I feel soldiers ibus to be destroyed or to apply the principle of re- in Europe. In that way our mouths would be deeply that I have not brought the subject before ialiation for their protection: Therefore,

stopped when they recognized the southern con- Congress heretofore; but I hoped the Executive Resolved, Sc., 'That in ide judgment of Congress it has

federacy, for they would be able to say, “You would do his duty, as I understood that he prombecome justifiable and necessary that the President should, in order to prevent the continuance and recurrence of such

yourselves did it first by making a compact with ised to do; but when we find that he has noi done barbarities, and to insure the observance by the insurgents their civil and military authorities.

it, we cannot excuse it to ourselves that we have of the laws of civilized war, resort at once to measures of That is one reason why that proposition should stood silent so long. retaliation; that the executive and inilitary auihorities of

not be adopted; but what would be the probable Reflect upon it, Senators; suppose those near the United States are hereby directed to reinliore upon the prisoners of the enemy in such manner and kind as shall effect of it as a remedy if it were adopted? You and dear to you were in these prisons, and you be effective in deferring him from the perpetration in iu- send two commissioners down to Mr. Davis, and Euw that their lives were ebbing away day by ture of cruel anál barbarous trratment of our soldiers. I suppose they are to hold up before him this day, and you knew that the horrors of iheir pris

Mr. WADE. Now, Mr. President, if a Sena- "book of martyrs” containing the testimony ons would soon end their miserable existence tor is for retaliation, if he is for the principle ofil, laken by the committee, and to iell him, “Here, unless you interposed in their behalf, would you he cannot have it in a milder form than it is there. Mr. Davis, in Libby prison, right under your not do it? I do not believe there is a Senator on It does not prescribe exactly what the retaliation nose, subject to ur observation daily, are the this floor who has not been appealed to over and shall consist in. The President is only directed skeletons of men whom you have reduced from over again by wives and by mothers whose husto make it effectual by such means as to him shall manhood to ghosts, whose lives have been sacri- bands and sons were in ihis jeopardy. How appear proper to be used. I would have it much ficed by your cruelly and exposure; now wecome

often have we received communications like this: stronger than that. I would pay them in kind. I

here somehow to argue you out of this.” Mr. “I have letters from my poor boy, and death is have no such scruples as induce gentlemen to Davis would say before they could get there, || his certain doom unless he can be rescued in a shrink from retaliation in kind-an eye for an-eye, "My friends, you cannot come within twenty

very short time.' Whose soul is not harrowed and a tooth for a tooth, in time of war. That is my miles of Richmond with such a statement on your up with the idea that while the country owes its doctrine. That was the doctrine of General Washi- tongues;" but he would tell them, “You come brave sons this protection, he has to reply to that ington. That was the doctrine of our predeces- here as slanderers; we deny that we have treated poor mother," I have no power to do anything in sors in this body in all our previous wars. your prisoners wrong and harshly, but if we your behall; the Government has not listed iis

Shall we treat rebels who really have forfeited have it is not in your mouth to allege it, because | voiceeven to make a protest in your behalf?” And their lives by their treachery more leniently than we say that you treat our prisoners us badly as yet gentlemen think that we have done our full our forefathers created our enemies of other na- we treat yours;” and they say it all over the duty to these men who are thus dying in our cause ! tions in wars which were international wars? Is South. That is all you would get by that. Sir, we have not done it. These barbarities have there anything that pleads in behalf of these rebels First of all, then, the effect of such a proposi- | been proved so that they cannot be denied. Nothat does not apply to independent nations at war? tion would be to recognize the independence of body pretends to deny them. You cannot look By 'the admilled law of all mankind, a soldier

the rebels, and secondly it would be like sending with composure now upon the daguerreotypes of fighting in a just war does not forfeit his life by Mr. Blair down there. (Laughter.] I hope to those men whose skeletons are before you and being taken prisoner; he must be used according God that we have all got sick of that. I hope you have been for more than a year; and yet you go to the custom of civilized nations, which is, not will send some other commissioner there, if you coolly away and told up your arms and do noth; lo harm a hair of his head after he has surren- will have one there; for I understand that he went ing! The dreadful story of suffering is revealed dered. That is the principle as applied to inde- and doffed his cap to Mr. Davis and said to him, by every prisoner who returns, by every man pendent nations. Dothese rebels commend them- “I have lost no confidence in you!” That is the who escapes from prison. Every one of them selves to a milder treatment because they are way we read it. That man with his soul per- knows precisely the inhumanities that are pracrebels? When a man has perjured his soul be- || jured before God and his hand red with the blood ticed. There is no dodging the fact, gentleinen, fore God, and commitied treason against his coun- of his countrymen, has not acted so as to dimin- | by shutting your eyes, and closing your ears. If try, is thata reason why special limitations should ish the confidence in him of this missionary, and you are non-resistants, if you have embraced the be made in his behalf? I trust not. The same that is no reason why he cannot approach him new doctrines of Christianity now preached bere, principles apply here that apply in all wars, no with the same feeling as before! Thank God, that that the world as a world never heard of before, more, no less. If we were to apply the principle || is not the common sentiment of our people. If we shall know it by the disposition you make of in such cases strictly, it would be against these you send commissioners I do not know but that these resolutions. rebels, because they are rebels, and have thereby || you will have to send just such men there, and I want to know if you do not hold that we have forfeited their lives.

ihey are to go and kneel down at the feet of Jeff. a right to make defensive war; if we have no right But I ask no other treatment between us and Davis's throne and ask hiin if he will not be kind to protect ourselves against aggression, as was them than as between independent nation and in- enough to treat our prisoners better than he has strongly intimated by the Senator from Missouri, dependent nation. I invoke the great principles || done heretofore!

(Mr. Henderson.] He invokes peculiar docof international law in protection of our poor sol. Sir, if you could get a man ever to go on such trines, that, he says, are Christian doctrines, in diers in the hands of a barbarous enemy, and I a miserable errand, who would be a commissioner behalf of this rebellion and as a bar to our doing ask no more. Will you give it, or will you turn to bear these tidings to Jeff. Davis, he would anything to rescue our brave men. He says you your backs coldly on these poor men and say to turn right round and say, “ You are a slanderer," must do good to your enemies; if they smile you ihem,“Ourpity is reserved entirely forthe enemy; and he would put him in Libly before he had on one check you must turn the other. This is we have none on our own men, for we cannot time hardly to speak, (laughter,) and he ought the way he would rescue our men from these barbear ihe idea that an accursed rebel shall receive to do so; I would do it if I were he, and you sent barities! the same meed of justice?" Is there a Senator here anybody to me on such a foolish mission as that. Mr. HENDERSON. I think the Senator from who wishes to go out of this body with this con- | (Laughier.] What! two commissioners to go Ohio is doing me a very great injustice. When demnation upon his head, that he would not in- \ and ask Jeff. Davis not to be barbarous to our the question was put by my colleague whether I voke the well-known international law in behalf | prisoners! Do you not think his heart would would not make defensive war, I think I made a of our men suffering, as we are told, these hor- fail him before your commissioners? (Laughter.] | positive answer. I have not examined the report rible barbarities at the hands of thisinsolent and In all the negotiations for the exchange of pris- This morning of my remarks; I have not seen the accursed foe? Shall we fold our arms and aban- oners is it a fact-the proposition to which I am report of them; I have not looked over it; but I don the men whom we have compelled into the now referring presupposes it to be a fact--that feel very well satisfied as to the answer that I made. field to fight our battles, and to defend us against not one word has been lisped about these barbar- I said that nations as well as individuals, by any this accursed enemy, to their fate without an effort || ities, and that no attempt has been made to rem

code of morals which I had ever seen, had a right to rescue them?

edy them? It is the inference to be drawn from of defense; and I further stated that, in my judgThe Senator from Massachusetts (Mr. Wil- the proposition, and I fear before God that it is meni, this was a defensive war upon our part. SON] offered a remedy here, he offered an amend- true.

We certainly did not commence the war; the rebels ment to this resolution, which I observed was I do not believe you can find in the history of commencedit. I further said, and the very amendlooked upon with favor by some Senators. It mankind an instance where a great nation having ment that I have submitted goes to that exteni, was that iwo commissioners should be appointed its armies in the field, and having a knowledge for that, under certain circumstances, retaliation is by the President to visit the rebel authorities and two long years of the inhumanities and barbar- righi, and ought to be adopted. I neither argued there enter into a compact on this subject with ities that are grinding them to powder and redu- against it nor does my amendment argue against some of them; he did not tell us who, in hisamend- || cing them to death by inches, has borne such it. I said nothing against it, but I did argue ment. If they were to go to the civil authorities | things without any attempt to resent them. Not || against the retaliation, in kind, proposed by the there and enter into such a compact, you would only were the facts made manifest two years ago, resolution. Thail opposed, upon the ground that thereby acknowledge beyond doubt the independ- | but the prisoners who have been returning con- I thought it might be interpreted by the nations of ence of the confederate States. Is that what you tinually ut intervals ever since bear upon their the world, and would be interpreted by individuals intend to do? France and England and every persons the accursed marks of the mariyrdom | throughout the country, to be in a spirit of rePower in Europe would say at once, “ You your- lihey have suffered; and those who oughi to be venge; but I expressly said that I did not charge sclves led the way lo the acknowledgment of the guardians of our brave soldiers, whose first any vengeance, or desire to visit vengeance, op their independence the moment you sent commis- || duty is to protect them, have lisped not a word the part of the committee.

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