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and honestly, and no sham; and I am for recali- || they sympathize with you now? Let England that we read of in sacred or profane history could alion until the object shall be accomplished.

and France tell the story. With the exception of | be found to be guilty of the burvarities that have I have, Mr. President, but one brother, whom the German Slates and Russia, there is no Chris been perpetrated by these rebels. I love as I love myself; if he were a rebel in arms tian public sentiment iliat sympathizes with us. The Senator says the time will come when I to-day against this Government, I would take him Would England be shocked at such a course as shall regret that I have used this strong language in my arms, as Abraham did Isaac, and offer him this of retaliation? If so, reud the bloody history relative to these rebels. Sir, when those men who upon the altar of the country, and ask Almighty of the Irish rebellion, or the bloody history of the have instigated these barbarities come back and God to bless the sacrifice. I have none of this Sepoy rebellion in India, where fifty Sepoy pris- | associate with us, meet us in the social circle and squeamislıness, none of this snypathy for these oners were tied at the mouths of British cannon in the halls of legislation, meet us on friendly rebel prisoners; I would retaliate up to the point and blown to destruction; yet they are to be terms of intercourse, then the Senator says that of achieving the object we have in view. shocked because we resort to this system of re- || I shall regret that I have used this strong lan

I set out not to argue this resolution but to taliacion ! The truth is, the laws of nations have guage. Sir, when the originators of these barshow you now that there is nothing to refer to nothing to do with our punishment of these trai- barities come back upon this floor and associate the Military Committee. My distinguished col torous, insurgent, rebel citizens. It is for us and with us upon terms of equality, that Senator may league froni Indiana (Mr. HENDRICKS) says it is us alone to measure out the meed of their punish- ! take them to his bosom, but he will not find any highly appropriate and proper that all such ques ment, past, present, or to come. We are sover loyal man who will greet them as living men. 'tions should go to a committee. The distin- | eign of all Powers upon earth as to them, and These men are to be punislied for their crimes; guished Senator from Mussachusetis (Mr. Sum we are lo adopt our own punishment; and even they are to be punished for their barbarities; they NER] says that these committees of the House ure if it should be unheard of and terrible for this are to be punished as trailors and murderers, and eyes and ears to the House. Is this measure sud terrible and unheard-of iniquity, no other nation not welcomed back into the social circle or legisdenly thrust upon the attention of the Senate? It could object.

lative halls by any loyal man who now stands has already been before a committee for more Then why refer this resolution? The commit by this Government, in my estimation. I certhan one month, and it comes here upon the re tee had it two months, and we have debated it two Lainly shall never regret that I have done them port of a commiilee. That report has been mod weeks. We have come now to a common con justice at this or at any other time. ified by the Senator from Ohio (Mr. Wade] until clusion; for I venture to say that when the vote Mr. SAULSBURY. Mr. President, it is not it meets the approbation, I venture to say, of every is taken by yeas and nays upon the resolution as my intention to enter into this discussion; it has single Senator upon this floor; and yet we are now modified not one member of this Senate will not been my intention at any time since ils comasked to refer it and to delay further. Is there record bis vote against it.

mencemeni to do so, and I do not propose to de9 Senator upon this floor who does not believe Mr. CHANDLER. The Senator from Mas lain the Senate for more than a moment. in the riglit of retaliation? Is there a Senator sachusetis (Mr. SUMNER) says that committees of || derstand, however, that upon the motion to refer upon this floor who double the rebel barbarities this body are the eyes and the ears of the body; to the Military Committee the yeas and nays have ngainst our prisoners? Then if you believe in and therefore, after passing a higli eulogium upon been ordered, and we have been notified That in retaliation at all, you say the limit is the usages | eyes and ears, he hopes this resolution, with the case that motion fails the yeas and nays are to be of civilized nations and the laws of war. That | amendments, will be recommitted. Well, sir, called upon the final passage of the joint resoluis precisely the language of the present resolu eyes and ears are very important members of the tion. I have not engaged in the discussion, betion, that the President shall be directed to retal human body. I admit they are importanı; but cause I have no taste for its sickening details. 11 jate upon these rebel prisoners according to the when men are dying by thousands and tens of one half is true that is alleged by the Federal laws of nations and the usages of war. That is thousands, dying of starvation, and demanding authorities against the confederale authorities in precisely the resolution as it now stands. Then at our hands a measure of redress, what is re reference to their cruelties to prisoners, or if half what do you gain by a reference to a committee? | quired of us is heads and hearts and hands to act is true of what is alleged by the confederate auDifferent phraseology! If you intend to do any- | immediately, and not cyes and ears.

thorities against the Federal authorities, as we rend thing, if you believe in the right of retaliation at Mr. President, immediate action is what is de- || in extracts from their newspapers, then it is vain all, how else can you relaliate? You say you manded from us. I see no object in referring this | either for them or for us to boast of Christianity would not retuliale in kind. I would. But sup matter to any committee. I believe there is not or freedom from barbarism. If these statemenis pose you would not; the resolution is now so a member of this body whose mind is not made be true, then since the dawn of civilization there modified as to use precisely the words that you up as to whether he will protect these helpless has never existed upon the face of the earth a wish to have incorporated in it, that we shall re prisoners now suffering and dying by thousands, people more barburous and unchristian than the taliate according to the laws of nations and the or whether he will not.

people of America, both North and South. usages of civilized warfare. That is the resolu Yesterday the other Senator from Massachu I admit that it is in the power of this Governtion as now modified. Then what are you de. setts,

not now in his seal, (Mr. Wilson,) called ment or any other Government, any belligerent bating? Has it come to this, that there is a grave me to account for a reinark which I then made. Power whatever, to resort to retaliation. The dębate in the Senate as to whether we have a right | He said that I had threatened him. Sir, I did question with me, however, is whether this measto say that we will retaliate according to the laws no such thing. I stated a fact which he and every uire as proposed, advising the President of the of nations and the usages of civilized warfare? other member of this body will find to be a fact, United States to resort to it now, would lead to That is the whole of it. Are you ready to vote and that was that this account was not to be set any practical good. I doubt it. upon that? Your prisoners are dying by thou- | tied here upon this floor with his colleagues, but The question has been discussed in every possands daily in southern prisons, without shelter, with his constituents at home. Tuttered no threat, sible form in which it could be presented except without food, without clothing, lying upon the I made a simple statement of a fact. Every man one; every suggestion possible to be made but bare ground with the inhospitable sky above here must meet this question at home. He must one for the relief of the suffering Federal prison. them, and with their dying fingers are digging meel these returned soldiers and he must meet ers has been made. That one I propose to make; their own graves, hundreds becoming insane, so the friends of those who have died of these rebel and whether it be popular or unpopular, wlicther reduced that they are joining the enemy, taking | barbarities. But again the Senator said: it shall be heralded by the papers is pairiolic or the oath of allegiance to the rebel government,

"As I listened to-day to the Senator from Ohio, (Mr.

unpatriotic, is a writer of indifference to me. rather than undergo the panys of starvation; and Wade,) and then again to the Senator from Michigan Mr. That measure is peace. If these acts of cruelty we are here debating whether we have a right to CHANDLER) I thought the old slave-inasters had come back which are alieged to have been perpetrated have retaliate according to the laws of civilized waragain. I thouglit I witnessed all their insulence and some

been perpetrated, it is only additional proof that fare, and that is the whole of il; and who doubts ibing more than their coarseness."

this war ought never to have been begun; but that? If there is a man who doubts it, while I That is a mere matter of taste. It is a matter having been begun, that it ought instantly lo stop. might respect his motives, I should certainly not which I do not propose to discuss, much less to If these allegations be true, these enormilies dissympathize with his action.

discuss it with the distinguished Senator from grace man and reduce him to the level of the brule; I am ready to retaliate. I believe the people | Massachusetts, a gentleman who is as much a ay, sir, reduce him to the level of the fiends. require it. I believe the soldiers in the field re master of deportment, as we ail know, as Mr. Tur I am not ashamed to raise my humble voice in quire it. But gentlemen say to retalinte is barba- | veydrop; a man who, in matters of taste, beauty the Senate of the United States in behalf of peace, rous and would shock the civilized world--a hiybe | of expression, finish of argument, refinement of Peace descends from heaven; war springs from sounding phrase, meaning less than nothing in language, cannot be approached. He is unap hell; and when hell's agency is at work, you this great argument. Suppose you present the proachuble. Therefore, sir, ! pass that by as a cannot expect the blessings of Heaven. li is selother side of it. We do not propose to retaliate mere matter of taste with which I have nothing dom, sir, that I can approve of any act of the as a matter of revenge or of vengeance for past

President of the United States; but if the rumor wrongs, but to prevent these very alrucities inat But, sir, the Senator from Indiana (Mr. Hen be true which is current lo-day that commissionall admit. Suppose it should be flashed over the || DRICKS) has called me to task for pretty much the ers are on their way from the South to this capwires, suppose ii should be carried over the ocean, same thing. I can only repeat, with regard to ital 10 treat for peace, and that that is the result that this great people having called a million the alleged threat, that it was no threal, but a of an informal message from the President of the men into the field, when they were starving and simple statement of fact. The Senator from In United States, I will take occasion here, while suffering in southern prisons, refused to defend diana objects to another statement that I made, || approving but little that he has done before, to apand protect their own soldiers by the only means which was that these rebels were “hellish," or prove his action in that respect. Sooner than repossible by which they can be protected, you something to that effect. On reflection I think I sort to the bloody scenes which may resuli from would be a by-word and u reproach forever in have done an injustice, and no man is more ready a system of retaliation, if it be true ihat commisthe history of civilization. We do not do this lo apologize for an injustice done than I

am; but sioners are to meet to discuss the terms of peace, from any purpose of vengeance, but to protectour wrien I apologize for that remark it will not be to instead of invoking starvation and death upon own soldiers from these rebel barbarities. Yet the rebels, but to the inhabitants of hell. I do any set of men, any set of prisoners, either Fedgentlemen say the civilized world is to be shocked. not believe that any barbarities equal to theirs eral or confederate, I would, if it were in my What is the civilized world? What is the Chris. have ever been perpetrated by any people on earth, power, cause the thunderbolis of the Almighty tian public sentiment of Christendom to-day? Do nor do I believe that the inhabitants of any region || io roll and the lightnings of heaven to flash one

to do.

continued flame between the contending armies, action on this measure, to move a modification of the French people, against whom this retaliation until these commissioners meet to consult in ref this proposition so as to bring it in harmony with was launched were a civilized, Christianized peoerence to the great boon of peace.

the precedents of our history, and also to make ple, and they did not assume to treal them as It is peace, sir, that this country wants. Give it, as I think, duly effective and applicable on this mere savages, as the Senator from Massachuus peace, and no Federal soldiers will ever again occasion. If you refer to the past precedent of selis now assumes to treat the rebels in arms rot in confederate bastiles or prisons, or starve in our history, I mean the act of March 3, 1813, against the United States. confederate pens. Give us peace, and the mother entitled "An act vesting in the President of the I hope, sir, that this amendment of the Senator whose aching heart and streaming eyes you now

United States the power of retaliation," you will from Massachusetts, which has no object or aim witness will bless you for your deed. Give us see that this is the language employed:

aside from the mere attempt to stigmatize the peace, and instead of these acts of barbarism of “ The President of the United States is hereby author rebels as savages, and nothing but savages, a fact which we hear, your land shall again bloom and ized to cause full and ample retaliation to be made, accord which is not true except in the fancy of the Senblossom as the rose. Sir, in the place of retaliing to the laws and usages of war among civilized nations."

ator from Massachusetts, will not be adopted.

And if Senators remember the eloquent reatory measures, in the stead of resorting to acts

There is no necessity for it. It is as much out of of cruelty to meet acts of cruelty, and to prevent marks to which they listened only a few moments

the line of American precedents, beeause it has them in the future, I propose that your commis- || agp from the Senator from Indiana (Mr. Lane)

but one precedent to stand upon, as is the resosioners meet, and linvoke you, if this be the honest they cannot have forgotten how forcibly, more

lution as offered now by the Senator from Ohio. aim of the President of the United States, lend him than once, he insisted that our resolution now

Let us stick to the resolution as now agreed to your willing and cordial aid; and then, sir, you

required a retaliation in conformity with the laws will have no need for retaliation; then, sir, your of civilized nations. Now, sir, I propose to bring by the Senator from Ohio and reject all these

useless and trivial amendments. soldiers no longer will be starved or murdered or the resolution in harmony with the Senator's

Mr. VAN WINKLE. I voted for the recomill created, but ihey shall return to their homes | speech; in harmony with ibe precedents of our

milment of this resolution in the hope that, if long left, to cheer their families, to rejoice again history; in harmony also with humanity. I

recommited, the language of it might be somethat peace blesses the land, and that their country move, therefore, to insert in the resolution, as it

what amended. As it stands now, it appears to does not require any further sacrifice of life or now slands, after the word “ laws," in the twen

contradict itself. It proceeds to say that it has blood upon their part. ty-eighth line, the phrase, “and usages of war

become justifiable that the President should relaliI have said, Mr. President, more than I in- | among civilized," and then the sentence goes on,

ate, and then goes on and directs the executive, tended to say. I suggest, instead of all such

“nations;" so that it will read: “ in conformity and military authorities to retaliate, and then conmeasures as this, a cordial coöperation by the

with the laws and usages of war among civilized cludes by saying that it is not intended to limit Congress of the United States with the Executive,

nations." if indecd he is engaged in that work, in restoring objection to that, and I hope it will be adopted. all cases instead of "the executive and military

Mr. LANE, of Indiana. I have not the slightest the words, " the President,” should be used in

or restrict the President. It appears to me that peace to a distracted land. Mr. SHERMAN. I do not intend to venture

Mr. JOHNSON. How will it read then?


Mr. WADE. Let us hear how it will read as an opinion upon this resolution. It has been pre

I am in favor of the amendment just offered by sented in almost every aspect of which the subproposed to be amended.

the Senator from Massachusetts; but I will call

The VICE PRESIDENT. It will be read. ject is at all capable. I desire, however, to urge

his attention, and I will call the altention of the upon the Senate to dispose of this question to

The Secretary read, as follows:

Senator from Maine (Mr. MORRILL) to the fact night. I think there is no view of it but what

And that the executive and military authorities of the Uni

that, with his amendment in it, a further amendted States are hereby directed to retaliate upon the prisoners has been already presented. There are one or of the enemy in such manuer, in conformity with the laws

ment is needed in the latter part of the resolution. two bills that I desire to have acted upon to-mor and usages of war among civilized nations, as shall be effect The amendment of the Senator from Maine is, row. I hope, therefore, we may have a vote upon

ive in deterring him from the perpetration in future of cruel that this retaliation shall be in conformity with

and barbarous treatment of our soldiers. the pending propositions without a word being

the laws of nations. The Senator from Massasaid. I shall express my opinion by my vote.

Mr. HOWARD. I do not understand, sir, ll chusetts extends that a little further, and says it The VICE PRESIDENT. The question is

upon what ground it is that the Senator from Mas-1 shall be in conformity to the laws and usages of on the motion of the Senator from Massachusetts

sachusetts insists that that particular phraseology | civilized nations. Then the resolution goes on [Mr. Wilson) to recommit the resolution with is supported by historical precedent in the United to say, to defeat both, that it is not intended by all the amendments and proposed amendments to

States. As used in the statute which he assumes this resolutions to limit or restrict the power of the Committee on Military Affairs. to quote, it had a certain significance, because that

the President to the modes or principles of retaliThe question being taken by yeas and naye,

statute directing retaliation was aimed, as the Sen alion herein mentioned." I understand that as resulted-yeas 10, nays 26; as follows:

ly well knows, if he knows anything distinctly affirming that it is not intended by this YEAS-Messrs. Carlile, Davis, Hendricks, Powell,

of the history of the war of 1812, at the barbarities resolution to restrict the President to the modes Richardson, Riddle, Saulsbury, Sumner, Van Winkle, committed by the British, not only by the British

and usages of civilized nations in the principles and Iright--10.

military authorities, as a civilized military force, | of retaliation. It was for these reasons that I NAYS--Messrs. Anthony, Chandler, Clark, Collamer, Conness, Cowan, Dixon, Foster, Hale, Harlan, Harris,

but at barbarities committed by their Indian allies voted to recommit this resolution to the CommitHenderson, Howard, Howe, Johnson, Lane of Indiana, who were employed to assist the British arms in

lee on Military Affairs. Morgan, Morrill, Nesmith, Pomeroy, Ramsay, Sherman, prosecuting that war. Hence Congress, when The VICE PRESIDENT, The question is Ten Eyck, Wade, Wilkinson, and Willey-26.

ihey enacted this statute of 1813, desiring to pun. ABSENT-Messrs. Brown, Buckalew, Doolittle, Far

on the amendment of the Senator from Massachu. well, Foot, Grimes, Harding, Hicks, Land of Kansas, Mcish by some filling retaliation these Indian barbari

selts to the amendment of the Senator from Ohio, Dougall, Sprague, Trumbull, and Wilson -13.

ties committed upon American soldiers, enacted Mr. SUMNER. On that I ask for the yeas So the motion was not agreed to.

that the retaliation should be in accordance with The VICE PRESIDENT. The question now the laws of civilized nations, in contradistinction

The yens and nays were ordered. is on agreeing to the amendment proposed by || nations, which prevailed among those tribes which

undoubtedly from the laws and usages of savage Mr. JOHNSON. I am not sure that I underthe Senator from Ohio, (Mr. WADE.]

stand the amendment and its effect upon the res. were in league with the British. That, and that Mr. SUMNER. To that amendment I have

olution as it was originally before us at the time only, is the reason for the incorporation in that a further amendment.

the amendment was offered. slalute of the phrase "civilized nations." Mr. SHERMAN. I should like, with the con

The VICE PRESIDENT. Does the Senator

There is no occasion for its introduction in the sent of the Senator from Massachusetts, to have

request that it be again read? present resolution at all. We do not deny that it read as it now stands, I do not know that I

Mr. JOHNSON. I ask for the reading of the ihe rebel confederacy are a civilized community: 1 resolution as it will stand if amended. understand it in its present form. Mr. SUMNER. I was going to read it my || community. They are educated in the same

It is not denied here that they are a Christianized The VICE PRESIDENT. The Secretary will self. The proposition as moved by the Senator moral and religious principles as ourselves. They

read the amendment of the Senator from Ohio as from Ohio, by way of amendment to the resolu

it will stand if the amendment of the Senator from have ever heretofore been regarded as a part of the tion of the committee, is to insert as follows:

Massachusetts should be adopted,
civilized world, and are still regarded as sych. The Secrelary read, as follows:
And that the executive and unilltary authorities of the Why then does the Senator from Massachusetts
United States are bereby directed to retaliate upon the

And that the executive and military authorities of the seek to characterize them as being savages, and prisoners of the enemy in such manner and kind as shall

United States are hereby directed to retaliate upon the prisbe effective in deterring him from the perpetration in fu

not a part and parcel of the civilized world? It oners of the enciny in such manner, in conformity with the seems to me that this is carrying the poetic jug

laws and usages of war among civilized nations, as shall At the suggestion of the Senator from Maine tice a little beyond the line of truth.

be effective in deterring him from the perpetration, in fu

ture, of cruel and barbarous treatinent of our soldiers. [Mr. Morrill] the words " and kind” were

But, sir, as to historical precedents, I refer

Mr. JOHNSON. What is the rest? Is that struck out, and instead thereof were inserted the again, as I did the other day, to the precedent

the end of the resolution? words "in conformity with the laws of nations ;" set by the Congress of 1799, at the time that

The VICE PRESIDENT. That is the amend. and the proposition of the Senator from Ohio now General Washington was President of the Uni

ment pending stands in that form. It no longer requires retal- ted States. The language in that slalute is this:

Mr. JOHNSON. I know it is, but I want to iation in kind; but it does require retaliation in

"That it shall be lawful for the President of the United conformity with the laws of nations. When I States, and he is hereby empowered and required, to cause

hear what follows. the most rigorous retaliation to be exercised on any such The VICE PRESIDENT. The Secretary will had the honor of addressing the Senate on Sat citizens of the French Republic as have been, or hereafurday, I took the liberty of making a comment ter may be, captured in pursuance of any of the laws of on that language. I characterized it as inadethe United States."

The Secretary read, as follows: quate. It does not go far enough; it is dry; it is There, sir, was General Washington's retalia

Congress do not, however, intend by this resolution to

limit or restrict the power of the President to the modes or not sufficiently specific. Still further, sir, it is tion; there was the kind of retaliation which was principles of retaliation herein mentioned, but only to ad. not in conformity with the precedents of our his enacted by the Congress of 1799; and in that we vise and require a resort to them as demanded by the octory. I then stated that if no other person made hear nothing said about the usages of civilized

casion. the motion, I should feel it my duty, before final nations. Congress then took it for granted that Mr. HOWARD. It is quite obvious, if this


and nays.

ture of cruel and barbarous treatment of our soldiers.

read on.



amendment is carried, that that latter clause will || cording to," that being the phrase employed in vise and require a resort to retaliation as demanded by the have to be stricken out, as being inapplicable to the statute of 1813. li reads better, and it is in

occasion. the resolution, and I shall make chat motion.. conformity with the precedent. I merely suggest Mr. SUMNER. That is right; I accept that The VICE PRESIDENT. The Senator from it. There is no difference in the effect.

in lieu of the amendment I proposed. Maryland is entitled to the floor.

Mr. WADE. The Senator is not acting ac Mr. HOWARD. There is no objection to Mr. JOHNSON. I was about to say that the cording to the precedent he quotes. That law that. criticism of the honorable Senator from West Vir directed the President to make “ full and ample The VICE PRESIDENT. The Senator from ginia is perfectly correct, provided we are author- | retaliation.” Those words are two strong for ine Ohio proposes to amend the resolution by strikizing any retaliation which the laws of nations or Senator's nerves altogether, and he has skipped | ing out, in line thirty-iwo, after the word " Pres. the usages of war among civilized nations do not them over.

ident," the words to the modes or principles of forbid, because we go on to say that although our Mr. SUMNER. I propose to substitute" relaliation herein mentioned;" and in line thirtyadvice to him is that he should only resort to such || cording to" for " in conformity with" merely to four, to strike out the word " them," and insert retaliation as the laws of nations and the usages || bring the language into conformity with the pre the word " retaliation;" so that, as amended, the of war do not forbid, yet he is to understand we do cedent, and to make it read a little smoother. clause will read: not mean to limit him in that way; he may be as Mr. 'HALE. I should like to hear some phi. Congress do not intend, however, hy this resolution 10 savage and as barbarous as he thinks proper. 1 || lologist give us the difference in meaning between Jimit or restrict the power of the President, but only to adshall move at the proper time, therefore, to strike the resolution if amended as the Senator proposes,

vise and require a resort tu retaliation as demanded by the out that latter clause.

and as it now stands. I am not in favor of mak. The VICE PRESIDENT. The question now ing amendments unless there is something to be Mr. WADE. I do not know how far that is on agreeing to the amendment of the Senator effected by them. If it is a mere matter of rhetoric, || amendment might change the principle of the from Massachusetts to the amendment of the Sen I think it sounds as well now as it will if you al resolution. It uses the words to limit or reator from Ohio, on which the yeas and nays have ter it,

strict the power of the President," but it does been ordered.

The VICE PRESIDENT. The question is not say to what modes. It does not restrict him The question being taken by yeas and nays, on agreeing to the amendment of the Senator from at all.' I do not know that it hurts it, however, resulted-yeas 27, nays 13; as follows:

Massachusetts to the amendment of the Senator and I shall not object to it, YEAS-Messrs. Carlile, Cowan, Davis, Doolittle, Foot, from Ohio.

The amendment was agreed to. Foster, Harlan, Harris, llenderson, Hendricks, Johnson, The amendment to the amendment was rejected. Mr. HENDRICKS. I desire to offer the folLane of Indiana, McDougall, Morgan, Nesmith, Pomervy, Powell, Richardson, Riddle, Saulsbury, Sherman, Sumner,

The VICE PRESIDENT. The question now lowing amendment as an additional section: Ten Eyck, Van Winkle, Willey, Wilson, and Wright-27. l'is on agreeing to the amendment of the Senator And be it further resolred, That in the judgment of ConNAYS--Messrs. Chandler, Clark, Collamer, Comess, from Ohio as amended.

gress such measures ought to be taken as may be necessary Dixon, Farwell, Male, Howard, Howe, Ramsey, Trumbull, Mr. DOOLITTLE. I desire to inquire for in

to secure the earliest exchange of prisoners at all times Wade, and Wilkinson-13.

during the continuance of the war. ABSENT—Messrs. Anthony, Brown, Buckalew,Grimes,

formation whether the last sentence, beginning Harding, Hicks, Lane of Kansas, Morrill, and Sprague-9. with the word " Congress,” in the thirtieth line,

Mr. HOWARD. It seems to me there is a very So the amendment to the amendment was agreed is now in the resolution?

plain distinction between the two things, the mere to.

The VICE PRESIDENT. It is not in the Treatment of our prisoners in the hands of the Mr. JOHNSON. i move further to amend amendment. When the amendment shall have enemy, and the exchange of them in the regular the resolution, in lines thirty-one, thirty-two, and been disposed of that clause will be open to amend. pursuance of a cartel. I see, therefore, no necesthirty-three, by striking out the words, "to limit ment.

sity for burdening this simple resolution of retalor restrict the power of the President to the modes

The amendment, as amended, was agreed to. iation with any recommendation whatever upon or principles of retuliation herein mentioned, but" Mr. SUMNER. I now move what I suppose

the subject of exchange. Believing as I do ihat so that ii will read, “ Congress do, however, in the Senator from Maryland had intended to move,

the Executive of the United States and the mili. tend by this resolution only to advise a resort to but his motion was not in order when he made tary authorities have been diligent and faithful in them as demanded by the occasion." it, and indeed I think it would require that he

their endeavors to bring about an exchange of Mr. WADE. I hope that amendment will not should go a little further than he proposed to go

prisoners, I do not feel authorized upon this oc

casion to insert in this resolution a censure of the be adopted. It will destroy the whole resolu- || in order to carry out his own idea. 'I had intended tion. hope we shall not take any further coun to move it originally, but it was not in order when

President and the military authorities by implisel of our enemies. I made the other motion. It is to strike out all

cation such as it seems to me would arise from Mr. HOWARD. I hope so, loo. after the word “ soldiers" in the thirtieth line on

the use of such language. I therefore am opposed Mr. JOHNSON. The honorable member is | the 3d page, in these words:

to the amendment offered by the Senator from very quick in favor of his own proposition. How

Indiana. If it shall appear hereafter that the Gov

Congress do not, however, intend hy this resolution to does he know I am opposed to that? I have told

ernment is derelict in regard to the exchange of limit or restrict the power of the President to the modes or him four or five times on the floor, and said to principles of retaliation herein mentioned, but only to ad prisoners, that it is inattentive to our interests or himself, that I was not, as it now stands. I have vise resort to them as demanded by the occasion.

ihe interests of the prisoners, I will with pleasure not offered this amendment with any view to im 'The VICE PRESIDENT. The Chair desires | join the honorable Senator in resorting io measpair its efficiency. to state that there is another amendment pending

ures which shall be effective; but I do not see the The VICE PRESIDENT. If the Senator before the amendment of the Senator from Masa | propriety of incorporating this clause in this reswill pardon the Chair for a moment, his amend sachusetts or the amendment proposed by thesolution, and therefore oppose it. ment is not now in order. The question before Senator from Maryland will be in order. It is

Mr. HENDRICKS. I intended to offer, as I the Senate now is on the amendment of the Sen the amendment of the Senator from Ohio, (Mr.

said to the Senate a while ago, a substitute for the ator from Ohio, (Mr. Wade.). When that shall . Wade,) to add the words and require” in line

entire resolution, this being a part of it; but as he disposed of, it will be in order to entertain the thirty-three, after the word advise." That is | Michigan has been so amended as that I have no

the resolution introduced by the Senator from amendment of the Senator.

the amendment now pending. Mr. JOHNSON. Very well.

Mr. LANE, of Kansas. Is it in order to move

objection to it, I offer this as an additional secThe VICE PRESIDENT. The question now that the Senate do now adjourn?

tion. It presents this simple question, whether is on agreeing to the amendment of the Senator The VICE PRESIDENT. It is.

Senators are in favor of an exchange of our pris. from Ohio, as amended. Mr. LANE, of Kansas. I make that motion.

I am not going into a discussion now as Mr. VAN WINKLE. Is it not competent to

Several SENATORS. Oh, no; let us dispose of

to whether the Administration has done its duty amend that amendment? this subject.

on this subject. This is no criticism upon the The VICE PRESIDENT. It is; but the The motion was not agreed to.

Administration. The first resolution as now words in the latter part of the resolution are not The VICE PRESIDENT. The question is on

adopted by the Senate is mandatory. This is a part of the pending amendment.

but an expression of the judgment of Congress the amendment of the Senator from Ohio, to in

that that policy ought to be adopted which will Mr. VAN WINKLE. I understand that. i sert the words “and require" after the word “ad

secure an early exchange of prisoners during the move to amend the amendment by striking out vine,” in the thirty-third line.

continuance of the war. all after the word "and" in the twenty-sixth line The amendment was agreed to. down to the word “hereby” in the iwenty-sev

For myself, I am not satisfied that justice has

The VICE PRESIDENT. The amendment been done to the soldiers on this subject of exenth line, in the following words," that the exec

proposed by the Senator from Massachusetts is change. As I said the other day, a distinguished utive and military authorities of the United States now in order.

member of the House of Representatives, of the are," and to insert the words "he is," so that it

Mr. SUMNER. It is simply to strike out the will read “and he is hereby directed to retali- || last passage, beginning with ihe word " Con

Senator's own political party, brought it as a ate,” &c. The effect will be to get rid of the

grave charge against the War Department that gress:"

these exchanges might have been made months word "that,” which has no business there any

Congress do not, however, intend by this resolution to ago, but that thousands of our soldiers had been how, and to direct the President to retaliate in

limit or restrict the power of the President to the modes or left to die because that duty was not done by the stead of “executive and military authorities of principles of retaliation herein mentioned, &c.

War Department. The Senator from Ohio, at the United States." The amendment to the amendment was agreed

Mr. SHERMAN. Before that motion is put,

the head of the committee on the conduct of the to, there being, on a division-ayes twenty-three,

I desire to submit a motion, if it is in order, which war, who is presumed to be well informed on the noes not counted.

I think will better attain the object desired. Il subject, in the debate the other day, said that he

think that last clause ought to be retained, with could not understand why exchanges were not The VICE PRESIDENT. The question now the exception of the words "to the modes or prin made. I do not desire to say in this resolution is on agreeing to the amendment of the Senator || ciples of retaliation herein mentioned." Those

that the Administration is in fault; but upon so from Ohio, as amended.

words ought to be struck out, being inconsistent, grave and important a question as this, one affectMr. SUMNER. I will simply suggest a ver and then it would read:

ing so seriously the comfort of the soldiers and bal amendment to the substitute, instead of the

Congress do not intend, bowever, by this resolution to

the happiness of their friends at home, is it not words "in conformity with” the phrase "ac limit or restrict the power of the President, but only to ad proper for Congress to express an opinion? I



dare say that opinion will be respected by the ing men to go there to look into the condition of ble as far as the matter itself is concerned, and I Administration after it is expressed. The sim our prisoners, not to get upon their knees and beg | should not object to it if we were called upon to ple question is, whether Congress is in favor of of Jefferson Davis, but to demand as a right in counsel the executive department of the Governan early exchange of prisoners. It mitigates the the name of civilization, that our prisoners shall ment, but I vote against this proposition upon the sufferings and ihe barbarities of war; it is a be properly treated. We have a right to demand ground that it has no business either in this Hall proper thing; and it is a subject upon which it is it. The laws of nations guaranty it to civilized or in the other Hall

of Congress, but belongs to a proper for Congress to express an opinion; and people. I hope, therefore, the amendment will department of the Government which has full auit cannot be said to be a criticism upon the Ad be adopted. I ask for the yeas and nays upon it. thority over it, and which has not sought our administration.

The yeas and nays were ordered.

vice in regard to it, and is not likely to accept that The amendment was agreed to.

Mr. SHERMAŃ. Is there any difficulty in advice unless it pleases. We have spent one full Mr. HENDERSON. As the resolution has that matter now? May not the President send week in fruitless conversation. now been amended, it covers all the points covered

such commissioners now? I think we ought not The joint resolution was ordered to be engrossed by the amendment that I offered in the early part to belittle so grave a resolution as one in favor of for a third reading, and was read the third time, of this discussion except one, and that is, thaithe

retaliation-always a grave measure-by coup and passed. President be requested to procure an amendment ling with it any subordinate matter of this kind.

IIOUSE BILL REFERRED. of the existing cartel by which commissaries of It can be done by the President under the existing

The joint resolution (H. R. No. 126) declaring prisoners may be authorized to visit our prison

laws. crs in the hands of the rebels, to promote their

Mr. MCDOUGALL. The remark of the Sen

certain States not entitled to representation in the

Electoral College, was read twice by its title, and comfort, examine into their condition, and make ator from Ohio will apply to the whole proposition such suggestions to him as may be deemed veces as now amended on the motion of his colleague,

referred to the Committee on the Judiciary.

Mr. HALE. I move that the Senate do now sary to enforce humane treatment by the insur

because the resolution as amended recognizes the gents.

whole matter as being within the province of the adjourn. The VICE PRESIDENT. Does the Senator Executive, and is merely advisory to the Execu

The motion was agreed to; and the Senate offer that as a separate resolution? tive as to how he shall discharge his particular

adjourned. Mr. HENDERSON. Yes, sir; I move to office, and this again is a matter of advice. That

HOUSE OF REPRESENTATIVES. amend the resolution by adding the following as being conceded, we have been for a week talking an additional section: about a thing that does not belong to the province

Tuesday, January 31, 1865. And be it further resolved, that the President be re of the Senate or House of Representatives, but The House met at twelve o'clock, m. Prayer quested to procure an amendment to the existing cariel by belongs to the province of the Executive, and by the Chaplain, Rev. W. H. CHANNING, which commissaries of prisoners may be authorized to visit undertaking to give advice to the President of the The Journal of yesterday was read and approved. our prisoners in the hands of the rebels, to promote their comfort, examine into their condition, and to make such United States, who has charge of this business,

MAINTENANCE OF THE UNION. suggestions to him as may be decmed necessary to enforce and whose particular duty it is to see that he unbumane treatment by the insurgents. derstands it, and that he executes his office in a

Mr. FERNANDO WOOD. I ask unanimous Mr. WADE. I hope that will not be adopted.

proper manner. I think we have exhausted all consent to introduce the following resolution: There is no necessity whatever for it. these days uselessly and fruitlessly and out of our

Resolved, That it is the duty of the President to maintain, Mr. HENDERSON. I cannot for my life see

in every constitutional and legal manner, the integrity of own province. I think gentlemen have sought

the Anierican Union as forned by the fathers of the Rewhat objection there can be to a proposition of this as an opportunity to say things that may be public, and in no event, and under no circumstances, 10 this sort. We are here instructing the President put in print, and that may be read on the stump proffer or accept negotiations which shall adinit by the to retaliate under certain circumstances. As I some day hereaster when they may have occasion

remotest implication the existence of any other Federal or stated the other day—and I read from the books again to seek the force of popular opinion.

Confederate Government within thic territory of the United to establish the position—it has been common for Mr. HENDERSON. I do honestly believe to

Mr. FARNSWORTH. I object. the last two hundred years to have these com day that if we adope this amendment we shall

Mr. FERNANDO WOOD. I desire to know missaries of prisoners in the enemy's country. have no more rebel atrocities on our prisoners. During the war between us and Great Britain, in

whether it is in order to move a suspension of the Whenever they find out that we have officers 1812, 1813, and 1814, we had a commissary of there to look after the condition of our prisoners

rules in order to offer this resolution.

The SPEAKER. ll is not. That motion can prisoners at Halifax looking after the condition and to report the facts to the country and to the of our prisoners and making suggestiqns in re civilized world, we shall have no more of this

only be made on Monday after the morning hour.

Mr. FERNANDO WOOD. Then I give noe gard to their comfort.

barbarous conduct toward our prisoners. Our object, as I understand it, is to make the The question being taken by yeas and nays, re

tice that at the earliest opportunity, on next Monrebels treat our prisoners properly. Suppose

day, I shall move to suspend the rules for the sulted-yeas 24, nays 16; as follows: they insist that they will not exchange, I want YEAS-Messrs. Carlile, Collamer, Cowan, Davis, Doo

purpose of offering this resolution. to know what their treatment is in order that the little, Foot, Foster, Harris, Henderson, Hendricks, Johnson,

President may be advised in regard to this mal-

Lané of Kansas, McDougall, Morgan, Nesmith, Pomeroy,
Powell, Riddle, Sumner, Ten Eyck, Van Winkle, Willey,

Mr. WEBSTER. I rise to a privileged motion. ter. How is it possible for the President to know Wils011, and Wriglit-24.

I move to reconsider the vole by which the bill to how to retaliate unless he has men to look into the NAYS-Messrs. Chandler, Clark, Conness, Dixon, Far

provide for the construction of a line of railway condition of the prisoners and report the facts to well, Hale, Harlan, Howard, Howe, Lane of Indiana, Morhim? There can be no objection in the world to rill, Rainsey, Sherinan, Truinbull, Wade, and Wilkinson

communication betwen the cities of Washington 16.

and New York, and to constitute the same a puba proposition of this sort. It is not treating with ABSENT-Messrs. Anthony, Brown, Buckalew, Grimes, lic highway and a military road and postal route tlre rebels. I will not disagree with the Senator Harding, Hicks, Ricbardson, Saulsbury, and Spraguc-9. of the United States, was referred to the Commiifrom Ohio on that point. I do not want to treat So the amendment was agreed to. with Jefferson Davis. This is not treating for The VICE PRESIDENT. The question now

tee on Military Affairs,

The motion was entered. peace. The proposition is to procure an amend is on agreeing to the amendment submitted by the ment to the existing cartel. lithis requires treat Senator from Massachusetts (Mr. Wilson) to the

MESSAGE FROM THE PRESIDENT. ing with the rebels, we have treated with them, amendment of his colleague, (Mr. SUMNER.) A message from the President of the United because we have a cartel on the subject of the Mr. SUMNER. With the permission of my Slates, by Mr. Nicolae, his Private Secrelary, exchange of prisoners. Why not in the name colleague, I propose to withdraw my amendmeni, announced that the President had this day apof senso provide in some way that men may go and in withdrawing it I wish to state that I do so proved and signed a joint resolution and bills of there and look after our prisoners?

because the resolution on which the Senate is now che following titles: Mr. WADE. I wish to know if we have not acting has undergone such modification as to be in An act (H. R. No. 94) for the relief of Isaac just such a thing now. Are not our commis substantial harmony with the proposition which R. Diller; sioners there now under the cartel as it exists, originally introduced.

An act (H. R. No. 344) for the relief of Mary carrying provisions and clothing to our prison The VICE PRESIDENT. The amendment is Scales Accardi; ers? They do not always get them, as the proof withdrawn.

An act (H. R. No. 622) to amend an act enshows; but have we not men there?

Mr.SUMNER. There is a verbal amendment titled “An act to incorporate the Metropolitan Mr. HENDERSON. If that be the case, why which, if I can have the attention of my friend from Railroad Company in the District of Columbia," is it that the President the other day released Ohio, I wish to suggest, and that is, to strike out approved July 1, 1864; and some men in order to act as commissaries for the word "insurgents" in the sixth line and sub Joint resolution (H. R. No.99) relieving mintheir prisoners, and why is it that they released stitute "rebels." In speaking of them here on eral lands from the operation of all acis passed at some of our men to act as commissaries for our this floor, we do not speak of them as insurgenis; The first session of the Thirty-Eighth Congress prisoners? It strikes me as being the most re we speak of them as rebels, and I wish so to speak | granting lands or extending the ierm of former markable thing on the face of the earth that there of them in this resolution. I hope my friend from grants. should be any objection to this proposition of Ohio will accept the amendmeni.

MESSAGE FROM TIE SENATE. mine. I do not want you to treat with rebels; Mr. HOWARD. I hope that amendment will I am not asking for anything of that sort. I am not be adopted.

A message from the Senate, by Mr. HICKEY, not asking now that we treat with them about

their Chief Clerk, informed the House that the

Mr. SUMNER. If the Senator is against it, I terms of peace. This is an entirely different thing. shall not press it.

Senate had passed a joint resolution (S. R. No. Humanity requires that we look to the condition Mr. HOWARD. I am against it most decidedly. sional Directory at each session; in which the con

106) providing for the compilation of a congres. of our soldiers in the hands of the rebels; all the The joint resolution was reported to the Senate principles of civilized society demand that we

the House was requested. as amended, and the amendments were concurred should do something to ameliorate the condition in.

A BOLITION OF SLAVERY. of our prisoners in their hands. There is a vast Mr. McDOUGALL. I wish to say a word Mr. RICE, of Maine, by unanimous consent, number of them there. Some difficulty has taken before the final vote is taken, that I may be well introduced joint resolutions of the Legislature of place in relation to the exchange. In the name understood. There is nothing in the substance of || Maine, in favor of the amendment to the Conof sense is there anything objectionablc in hav this resolution now that I deem at all exceptiona- 11 stitution of the United States prohibiting slavery;

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which were laid on the table, and ordered to be several States, or by Conventions in three fourths thereof, constitutional power to destroy or interfere with printed.

as the one or the other mode of ratification may be pro the right of property. Learned gentlemen of this

posed by the Congress." TAX ON SALES.

House differ on this subject. The Constitution

It is not claimed that Congress itself can enMr. F. CLIRKE. I ask unanimous consent

itself provides the remedy by which all these difgraft this amendment into the Constitution with

ferences of opinion can be legally adjudicated. to offer the following resolution:

out being ratified by three fourths of the States. Section iwo of article three provides: Resolved, That in order that the Government may have, Then, sir, under the Constitution, Congress has and the people understand, its fixed and determined policy

“The judicial power shall extend to all cases in law and in reference to restoring the currency of the country to its no power beyond discriminating what shall or

equity arising under this Constitution." norial value, the Committee on Ways and Means are here

ought to be submitted to the people. The memby instructed to inquire into the expediency of imposing a bers of this House assume no responsibility, they | amendment, he has a judicial remedy before the

In my opinion, if any person is injured by this special tax of one per cent, on all sales of the country for enact no amendment, but as faithful Representa- | highest court of the country. the period of one year, and a tax of three fourths of one

tives they submit to the people, the source from per cent. for one year thereafter, and a tax of one half of

If the States of the South desire to retain slaone per cent. thereafter, until the whole sum collected whence their power comes, the proposed amendequals in amount the United States notes now issued by

very, they can do so by refusing to ratify this ment. “Governments are instituted among men,

amendment. There are ihirty-five States. In orthe Government; and that the procceds of the tax, as it deriving their just power from the consent of the may from time to time be collected, be especially appro

der to adopt this amendment twenty-seven States priated to the redemption of said notes intilail are redeemned governed." Å Il political power is invested in

must ratify it. Eleven Slates have scceded from and canceled. And also that the Secretary of the Treasthe people. At their will constitutions can be

the Union. This is more than is required to deury be authorized, at any time after the close of the war, remodeled and laws repealed.

feat the amendment. Certainly no one will preto issue bonds not having less than five nor more than forty The amending of our Constitution is no new years to run, to an amount equal to all of the Treasury

tend to argue that this amendment can be adopted interest-bearing legal-tender notes that have been or may experiment. Already at three different times

without being submitted to the eleven seceded hercaiter be issued, and dispose of the same from time to

amendments have been submitted to the Legisla- | States. If it was, these States would not be contime as inay be required to pay said notes as they mature tures, and by them adopted. The first amend

sidered a part of the Union. In fact it would be, from and after the close and termination of the rebellion, ment was ratified in 1791, the second in 1798, and and report by bill or otherwise.

to all intent and purpose, recognizing them as inthe third in 1804. It never was intended by the Mr. STEVENS. I object, and call for the

dependent States, and not being under the control wise men who adopted the Constitution that it

of the Federal Constitution. regular order of business.

should remain unchanged. The growth of the If this view is taken, then this amendment can Mr. ANCONA. I ask my colleague to give nation, its progress and its advancement, will, as do no harm to the people of the States in the way until I introduce a resolution for reference. time passes, demand new articles and additional | Union. In June last'my objection to this amend

Mr. STEVENS. I call for the regular order provisions. The people are the guardians of the ment was that it was taking away the property of business, and will yield for no purpose. Constitution, and I am not convinced that any

of the people of the States that remained true lo ABOLITION OF SLAVERY. danger is to be anticipated, as presented in the

the Union; that the Constitution was made the following illustrations of the gentleman from The SPEAKER stated the question in order to

means to oppress rather than protect the people. Ohio, (Mr. PENDLETON,] put with such admirabe the consideration of the motion to reconsider

Since that time Missouri and Maryland have ble compactness and scholastic force: the vote by which the House, on the 14th of last

abolished slavery by their own action, and the

1. “1 assert that there is another limitation, stronger June, rejected Senate joint resolution No.16, sub

Governor of Kentucky in his message recom. even than the letter of the Constitution, and that is to be mitting to the Legislatures of the several States

mends to the Legislature of that State gradual found in its intent and spirit and its foundation idea. I a proposition to amend the Constitution of the put the question which bas been put before in this debate,

emancipation. The same objection which was United States; and that the gentleman from Ohio

can three fourths of the States constitutionally change this then urged against this amendment cannot now

Government, and make it an autocracy? li is not pro be urged. (Mr. Ashley) was entitled io the floor. hibited by the Constitution.”

It Mr. ASHLEY. I yield to the gentleman from 2. “ Can three fourths of the States make an amend

argued that new State governments will Pennsylvania (Mr. MCALLISTER) Lo have read a ment to the Constitucion of the United States which shall

be formed in the seceding States under the conbrief statement.

prohibit the State of Ohio from having two Houses in its trol of military governors, and this amendment Mr, MCALLISTER sent to the Clerk's desk Legislative Assembly? It is not prohibited in the Consti

ratified by them. Whether this amendment would tution." and had read the following:

3. “ Sir, can three fourths of the States provide an

be binding upon the people of the seceded States When this subject was before this House on a former ocamendment to the Constitution by whicii one fourth should

thus ratified will depend entirely upon the result casion ! voted against the measure.

bear all the cases of this Government? It is not proI have been in favor

of this war. If after a long struggle, and tech hibited." of exhausting all means of conciliation to restore the Union

of the contending armies or Powers will conclude as our fathers made it. I an for the whole Union, and ut

4. "Can three fourths of the States, by an amendment to terly opposed to secession ondissolution in any shape. The the Constitution, subvert the State governments of one

to adopt the wise and humane policy of a peaceresult of all the peace inissions, and especially that of Mr. fourth and divide their territory ainong the rest? It is not

ful solution of the difficulties now existing, all of forbidden." Blair, has satisfied inc that nothing short of the recognition

the acts of the State governments formed by milof their independence will satisfy the southern confeder

5. “ Can three fourths of the States so amend the Con

itary power will be invalid, and the old organistitution of the States as to make the northern States of acy. It must therefore be destroyed; and in voting for the present measure I cast my vote against the corner-stone of this Union slaveholding States?”

zation of these States recognized. In this event

the ratifications by the new-made State governthe southem confederacy, and declare eternal war against I do not think there is any power in the Conthe enemies of my country.

ments will not be worth the paper upon which stitution which would permit three fourths of the

they are written. If the Souih achieve her in[Applause from the Republican side of the States to change the form of government. The

dependence, then this amendment will only apHouse.]

Constitution provides for a republican form of from Pennsylvania, (Mr. COFFROTH.) MASHLEY: I now yield to the gentleman government, and to establish an autocracy

would moly

, to that which does not exist. If the people

of the South are subjugated and their State lines not be amending the Constitution, but utierly deMr. COFFROTH. Mr. Speaker, I speak not

obliterated, and they are ever admitted into this stroying it, and establishing upon its ruins a new Union under new constitutions, each and every to-day for or against slavery. I am content that form of government of self-derived power. this much-agitated question shall be adjudicated I would not give one of the new copper two

one of the constitutions will have to come free

from slavery before the State will be admitted. at the proper time by the people. It is my pur. cent pieces for the insertion into the Constitution

The South would not remain in the Union unpose to siate in all candor the reasons which | of explicit prohibitions against every other sup

der the Constitution as it now is; they demanded prompt me to give the vote I shall soon record. position brought forward by the genileman from

stronger guarantees for their institution of slavery. The amending of our Constitution is fraught || Ohio, (Mr. PENDLETON:)

Can any intelligent person believe that after fightwith so much importance to the American people " Long before three fourths of the States can become so ing as they have for nearly four years they will that before it is accomplished the amendment's debauched and deinoralized that they would practice such proposed should be scrutinized with the strictest monstrous injustice, they must have lost the sense of' honor

accept that which they rejected before the war? that would be bound by a compact, and the fear of God that

If they will not come back under the Constitution, criticism. No frivolous, vague, or uncertain ex

would keep an oath. When these virtues have died out, why not abolish slavery; strike from our statuteperiment should be for a moment tolerated. The no matter what safeguards a written constitution might books every enactment which protects it; make life and existence of this nation is centered in the contain, they would be of no more value than so much

our Constitution and our laws free from the subobservance and faithful execution of the powers

waste paper. There are certain things which can never be

atteinpied so long as there is public virtue enough not to ject of slavery? And then, when this unfortunate, conferred by the Constitution upon the servants

evade, explain away, or openly violate the Constitution. inhuman, barbarous, and bloody war has been of the people.

It is for this reason so little limitation was put upon the The joint resolution before us proposes: amending power.

prolonged until every heart shall turn sick with “ The actual limitations on that power operated against

its carnage and the reports of its wrongs and outThat the following article be proposed to the Legislatures

natural equity, and hence the necessity for their insertion. rages, and the people demand a cessation of hosof the several States as an amendment to the Constitution

One of them restrained Congress from pulling an end 10 cilities until it be ascertained if glorious peace of the United States, which, when ratified by three fourths

the slave trade prior to 1808, and the practical effect of the of said Legislatures, shall be valid, to all intents and pur

cannot be accomplished by compromise and conother is to give New England, which has a smaller populaposes, as a part of the said Constitution, namely:

cession, there will be no obstacles in the ConstiART. XIII, Sec. I. Neither slavery nor involuntary servi- !| lion than New York and only a fraction more than Penn

sylvania, iwelve Senators, while New York and Pennsyl tution to defeat the accomplishing of a much tude, except as a punishment for crime, whereof the party

vania have each only two. The Constitution presumes desired result. We will be free to give new guarwhall have been duly convicted, shall exist within the

that the majority of the people in three fourths of ihe States United States, or any place subject to their jurisdiction. cannot be corrupted; or that, if they should, they would

antees or new amendments to protect the rights SEC. 2. Congress shall have power to enforce this article not afterward respect paper restraints on their passions. A

and property of every person who shelters himby appropriate legislation.

constitution is no stronger than the sense of the moral ub self under the American Constitution. The first inquiry is, has Congress this power?

ligation of the parties bound by it. It is futile to take men's Again, I have voted for every peace resolution I turn to the Constitution, and find article fifth

engagements against crimes more heinous than breaking offered in this House. My heart yearns for

an engagement. You might as well swear a man not to provides

commit highway robbery. If he has conscience enough to peace. The gentlemen on the other side of this The Congress, whenever two thirds of both Houses

respect an oath, it would be needless, and if he has not, an Chamber refused to appoint peace commissioners, shall deem it necessary, shall propose ainendments to this idle precaution."

but they tell us this amendment will do more to Constitution, or, on the application of the Legislatures of Again, it is argued that this amendment is un secure peace than any resolution proposed in this two thirds of the several States, shall call a convention for

constitutional; that the Congress of the United House. Although they would not try the remproposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution,

Slates has no legal authority to propose this edy we presented, I am willing to try the one wlien ratificd by the Legislatures of three foartlis of the amendment, nor have the States in ratifying it the they present; and if by my vote this amendment

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