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and nays.

referred to the Committee on Printing; but I think the Speaker of the House had signed the enrolled we ought to know what it is going to cost before joint resolution (H. R. No. 97) to terminate the we vote for it.

treaty of 1811 regulating the naval force on the Mr. LANE, of Kansas. In order that that in lakes; which thereupon received the signature of formation may be had, I will move that the res the Vice President. olution be referred to the Committee on Printing. Mr. ANTHONY. That is not necessary. If

METROPOLITAN RAILROAD. the Senate will let the resolution lie over until to The VICE PRESIDENT. There being no morrow, I can obtain the information.

further morning business, the unfinished business Mr. LANE, of Kansas. Very well.

of the morning hour of Saturday is now before Mr. COLLAMER. I wish to make a single the Senate. remark. I suggest to gentlemen, as the expense The Senate resumed the consideration of the of printing this report of the Census Bureau will bill (S. No. 411) to amend an act entitled “An be very heavy at the present price of material, acito incorporate the Metropolitan Railroad Comlabor, &c., whether it would not be advisable to pany in the District of Columbia," the pending take some portion of the numbers already printed | question being on the amendment proposed by which have not been distributed, and give them

Mr. Sumner to add the following as a new secto that Department, instead of making a new

tion: edition of two thousand copies. I desire to have And be it further enacted, That the provision prohibiting the information suggested by the Senator from any exclusion from any car on accouni of color, already apRhode Island, but I think when the information

plicable to the Metropolitan railroad, is hereby extended io

every other railroad in the District of Columbia. is obtained we shall hesitate about incurring this very great additional expense.

Mr. SAULSBURY. On that I ask for the yeas Mr. LANE, of Kansas. Let the resolution lie over until to-morrow.

The year and nays were ordered. The VICE PRESIDENT. It will lie over.

Mr. DIXON. I wish to say in regard to this

amendment, that I opposed it on Saturday on the BILLS INTRODUCED.

ground that it seemed to conflict with the rights Mr. RAMSEY asked, and by unanimous con of another company not now before the Senate; sent obtained, leave to introduce a bill (S. No. but since that time I have seen the managers and 429) to establish additional offices for the assay controllers of that company, and find that they are of gold and silver, and for other purposes; which unwilling to contend on this subject with what was read twice by its title, referred to the Com they considered to be the public opinion. They mittee on Finance, and ordered to be printed. therefore make no objection to it; and I shall

Mr. STEWART asked, and by unanimous make none. consent obtained, leave to introduce a bill (S. No. Mr. SUMNER. Then I do not wish the yeas 430) to amend “An act to enable the people of and nays. Nevada to form a constitution and State govern The VICE PRESIDENT. The Secretary will ment, and for the admission of such Slate into the call the roll. Union on an equal footing with the original Mr. RAMSEY. I am requested to state that States;' which was read twice by its title, re my colleague (Mr. WILKINSON) is confined to his fered to the Committee on Territories, and ordered room by indisposition. to be printed.

The question being taken by year and nays,

resulted-yeas 26, nays 10; as follows: REPRESENTATION AMONG THE STATES.

YEAS-Messrs. Anthony, Brown, Chandler, Collamer, Mr. SUMNER asked, and by unanimous con Conness, Dixon, Doolittle, Farwell, Foot, Foster, Grinies, sent obtained, leave to introduce a joint resolution Harris, Loward, Johnson, Lane of Indiana, Lane of Kan(S. R. No. 108) to provide for submitting to the

sas, Morgan, Morrill, Nye, Pomeroy, Ranisey, Stewart,

Summer, Wade, Willey, and Wilson -26. several States an amendment of the Constitution

NAYS-Messrs. Cowan, Davis, Henderson, Hendricks, of the United States; which was read twice by its Nesmith, Powell, Richardson, Saulsbury, Van Winkie, and title.

Wright-10. Mr. SUMNER. I should like to have the reg

ABSENT – Messrs. Buckalew, Carlile, Clark, Ilale,

Harding, Harlan, licks, Howe, McDougall, Riddle, Sherolution read at length for the information of the

man, Sprague, T'en Eyck, Trumbull, and Wilkinson–15. Senate.

So the amendment was agreed to. The Secretary read it, as follows:

The bill was ordered to be engrossed for a third Resolved by the Senate and House of Representatives of reading, was read the third time, and passed. the United States of America in Congress assembled, (two tirds of both Houses concurring,) That the following arti

AMENDMENT TO ENROLLMENT ACTS. cle be proposed to the Legislatures of the several States as an amendment to the Constitution of the United States, On motion of Mr. WILSON, the Senate, as in whichi, when ratified by three fourths of such Legislatures, Committee of the Whole, resumed the considershall become a part of the Constitution, to wit: Representatives shall be apportioned among the several

ation of the bill (S. No. 408) in addition to the States which may be included within this Union accord geveral acts for enrolling and calling out the naing to the number of male citizens of age having in each tional forces, and for other purposes.. Siate the qualifications requisite for electors of the most Mr. WILSON. It will be remembered that the munerous branch of the State Legislature. The actual enumeration of such citizens shall be made by the census

amendment reported by the Committee on Miliof the United States.

tary Affairs, in the nature of a substitute for the I ask the reference of the joint resolution to the

original bill, was read when the bill was up before, Committee on the Judiciary, and I content my

The VICE PRESIDENT. The question is self with remarking that thai amendment, or some

on agreeing to the amendment reported by the

committee. thing like it, seems to become necessary now since

Mr. WILSON. I hope it will be adopted at the adoption of the other constitutional amendment by which slavery is prohibited throughout the United States.

Mr. GRIMES. If that amendment be adopted, The VICE PRESIDENT. That reference

will it then be susceptible of amendment? will be made.

The VICE PRESIDENT. Not in the text.

Additional sections may be added, but if the text
CONFERENCES WITII REBELS.

of the amendment is amended it must be before Mr. SUMNER. I offer the following resolu

its adoption. tion, and ask for its immediate consideration:

Mr. JOHNSON. I ask for the reading of the

amendment. Resolved, That the President of the United States he requested, if in his opinion not incompatible with the public

The Secretary read the amendment, which was interest, to furnisti to the Senate any information in his to strike out all after the enacting clause of the possession concerning recentconversations or communica bill and insert the following: tions with certain rebels said to have been under executive sanction, including communications with the rebel Jeffer

That from and after the passage of this act, any person son Davis, and any correspondence relative thereto. enroiled and liable in be draited, may be accepted as a sub

stitute for a drafted person, and such drarted person shall Mr. SAULSBURY. I object. I want to have be exempt from service for such time as the substitute shall that information, but I wish to offer an amend be held io service under the terms of his enlistment. ment to the resolution.

SEC. 2. And me it further enacted, That no person owing The VICE PRESIDENT. Objection being

military service shall be exempted from liability to perform

the saine on account or furnishing a substitute for the made, the resolution will lie over, under the rules. Navy, unless the substitute is presented in person to the

board of enrollment by which the principal is enrolled, and ENROLLED BILLS SIGNED,

is accepted by said board of enrollment. A message from the House of Representatives,

Sec. 3. And be it further enacted, That any recruiting

agent, substitute broker, or other person, who shall enlist, by Mr. MCPHERSON, its Clerk, announced that or cause to be enlisted, as a volunteer or substitute, any

Insane person or person in a condition of intoxication, or a deserter from the military or naval service, knowing hinn to be such, or who shall defraud or deprive any volunteer or substitute of any portion of the State, local, or United States bounty to which he may be entitled, shall, upon conviction by any court-martial or military commission, be fined not exceeding 81,000, or imprisoned not exceeding two years, or boun, at the discretion of such court-martial or military commission.

Sec. 4. And be it further enacted, That any officer who shall muster into the military or naval service of the United States any deserter from said service, or insane person, or person in a condition of intoxication, knowing him to be such, shall, upon conviction by any court-mariial or military commission, be dishonorably dismissed the service of the United States.

Sec. 5. And be it further enacted, That all State and local bounties herearter to be paid to any volunteer or substilule upon entry into the military or naval service of the United States shall be puid in installments, as follows: one third at the time of the muster into service of such volunteer or substitute; one third at the expiration of ball the term of service; and one third aithe expiration of the icrin of such service, unless sooner discharged by reason of wounds received in battle. And in case of his death whilo 111 service, the residue of luis bounty unpaid shall be paid to his widow, if he shall have left a widow; if not, to his children, or, if there be none, lo his mother, if she be a widow.

Sec. 6. And he it further enacter!, That the remainder of the term of service of any person who shall hereafter enter the military or naval service as a volunteer or drafted man, and shall desert thcretrom, or be discharged by reason of physical disability, existing prior to such entry into service, shall be added to the amount of service due from the district to which such volunteer or drafied man shall have been credited, and the same shall be filled up from such district by enlistment or draft.

Sec. 7. And be it further enacted, That, in addition to the other lawful penalties of the crime of desertion from the inilitary or naval service, all persons who have deserted the military or naval service of the United States, who shall not return to said service or report themselves to a provost marshal within sixty days after the passage of this act, shall be deemed and taken to have voluntarily reJinquished and forteited their rights of citizenship, and their rigtis to become citizens; and such deserters shall be forcver incapable of holding any office of trust or profit under the United States, or of exercising any of the rights of cit. izens thereof, and all persons who shall hereafter desert the military or naval service shall be liable to the penalties of this section.

SEC. 8. And be it further enacted, that the President is hereby authorized and required forthwith, on the passage of ihis act, to issue his proclamation setting forth the provisions of the preceding section.

Mr. HENDRICKS. I move to strike out the fifth section of the amendment. I am not able to see either the policy or the right of the proposilion contained in that section. I do not see what the Government of the United States has to do with bounties that are paid by Slate, county, or other local authorities. That is a matter allogether between the local authorities and the volunteer. What right have we to prohibit a State or a county or a city from paying the entire bounty down? I do not care to discuss the matter, I merely make the motion to strike out the section.

Mr. WILSON. Before this provision was inserted in our amendment, the members of the Military Committee consulied some of the most emineni lawyers in the Senate, and they agreed that we had the power to do it. So much for that objection. Now, in regard to the provision itself, ihere is certainly no way to enforce it unless the Government should conclude not to mus. ter into service any person thus enlisted. I do not object to striking out this section, and I was inclined to do so in reporting the bill from commillee; but it is very evident that the local bounties are the means rather of filling quotas than of filling up the Army. The enormous bounties that have been offered by individuals and local authorities have been carried to an extent that rather induces men to desert than to go into the Army and serve. I shall not, however, oppose the striking out of this section.

The amendmentto the amendment was agreed to.

Mr. WILLEY. I offer by way of amendment this additional section:

And be it further enacted, That every soldier who shall have enlisted in any regiment or battery previously organized, under a distinct promise or assurance given by the recruiting or mustering officer, or by the Governor or adju. tant general of the State where such soldier enlisted, that such enlistment should only be for the unexpired term of service of such regiment or ballery, shall be entitled to his discharge at the expiration of such term, anything in the inusiering-in roll ot' such soldier 10 the contrary notwithstanding; and if such regiment or battery shall have been musterid out of the service, such soldier shall be entitled to be discharged forth with. And it shall be the duty of the Secretary of War, subject to the approval of the President of the United States, to immediately provide all proper rules for carrying this provision into effeci.

I suppose it is hardly necessary to explain the design of this amendment, for I imagine every

once.

The VICE PRESIDENT, 'The morning hour

Senator has been besieged by applicants who have sition such as is submitted by the Senator from that some recruiting agents deceived men in this been mustered into the service, through some mis West Virginia should be adopted.

matter, as they have in many others, and the bill apprehension of the recruiting or mustering-in off Mr. WILLEY. I do not see the force of the before us is intended to bear heavily on the subcer, for a longer term than the soldier enlisting objection made to this amendment by the Senator stitute brokers and others who are enlisting men really supposed he was engaging to serve the from Missouri, (Mr. Brown.] The amendment all over the country, and cheating them beyond country. It makes no difference, as to the jus itself provides that these discharges from service measure. Many a man has been enlisted under tice and necessity of such legislation as is asked shall be made under such regulations and rules as the promise of $1,000 or $1,200 or $1,500 bounty for by the amendment, whether the recruiting offi the War Department shall prescribe, and it will / who has received scarcely a farthing, while the cer or the officer mustering the soldier in acted be perfectly competent and within the power of substitute broker has pocketed the money. I saw under an honest misapprehension of his duty, or the War Department to make rules and regula- | a man the other day, a man of character, of standwhether he acted fraudulently; it is a fraud upon tions that will obviate all danger of improper dig ing, of family, a business man, who, while passthe soldier entering the service. Many regiments charges and of fraud upon the service by pro- | ing to New York, was drugged, and did not get have thus been filled up, and it was desirable that curing the discharge of men on salse pretenses. over it for ten days, and when he did, found himthey should be thus filled for the purpose of serv Certainly it is not the desire of the amendment to self put in the service of the United States, with the ing out the term for which the regiment was ori- || lead to any such effect as that; but the object is promise of $1,200, of which he got $100. We ginally enlisted. The recruiting officer held out the contrary; it is to do justice to men that through have any quantity of these things going on in the The inducement to men, that if they would enter the regularly-appointed agents of the Government country. I am opposed to the amendment, and the service for the remainder of the term for which have been deceived into a service which they in in favor of this bill, for the reason that it is in-' the regiment was enlisted, they, too, should be point of fact never engaged to render; and now I tended to correct some of these abuses. discharged at that time; and it is operating very say it is but justice on the part of the Government Mr. GRIMES. The chairman of the Commitunjustly and very harshly on men who have thus to relieve the men that have thus been entrapped || tee on Military Affairs is mistaken as to a statebeen entrapped into a longer term of service than into the service of the country either through ig- 1) ment of fact. It is true that enlistments have been they supposed they were undertaking to render at norance or through the fraudulent agency of the made, as has been stated by the Senator from the time they enlisted. It seems to me this amend offioer. I do not think it will demoralize the ser West Virginia, with the approbation and under ment proposes no more than absolute justice. I vice to do justice to men who are in the service; the direction of the War Department for the purhave almost daily petitions and applications from nor do I apprehend that the operation of this posevarious portions of the Army, from men who have amendment will go to the extent supposed by the Mr. WILSON. They had no right to do it. been thus entrapped into the service, complaining | Senator from Missouri. That quite a number of Mr. GRIMES. I say that it is true that under of the injustice and hardship of their position, and men have thus been enlisted and mustered into the direction of the War Department enlistments I trust it will be the pleasure of the Senate to give the service of the United States I admic, and it is were made for the purpose of filling up the unexthem a relief so manifestly right and expedient. on their behalf that I speak; but that it will de- || pired term of regiments that had been in the ser

Mr. BROWN. I trust the amendment which moralize the Army, that it will tend to break up | vice for six or iwelve months at the time when has been offered by the Senator from West Vir the service, I have no apprehensions at all. I these recruits were obtained. The Senator says ginia will not be adopted, for I think it will have think the tendency of it will be rather to strengthen that the War Department had no right to do any the effect of breaking up the Army altogether. that arm of our service, and the confidence of the such thing. Are we going to repudiate the action It will do more to demoralize and destroy it than country and of the men already enlisted in the of our agents in a matter of this kind? Are we perhaps any other amendment that could be placed || service, and of those we expect to enlist in the going to say that these men, notwithstanding the on the bill. I have received numerous applications service, if they see a readiness on the part of the representations that were made to them by the from persons who say that they were enlisted for Government io do justice to men who have ful War Department, shall be compelled to fulfill a a shorter term, or that false representations were filled their actual engagements in the service of the contract which they did not make? Is it not betheld out to them by persons connected with enlist United States and to the country.

ter, more manly, more generous, and more noble ment; but certainly we cannot afford to set the

for us to impose draft after draft, and let these precedent here of permitting all the statements having expired, it becomes the duty of the Chair men be discharged according to the stipulations of all the agents, all those who have assisted in to call up the special order of the day.

that our agents made with them at the time they enlisting men into the service, to override the laws Mr. WILSON. I hope that will be passed | enlisted ? of Congress and the regulations of the military over until we act on this bill. It is of great import Why, sir, I happen to know that in the State service. There would be no use in establishing ance to pass the bill if we are going to have a of which I am a citizen authority was given to laws, no use in providing regulations, no use in draft.

the Governor of the State, and the adjutant geninstructing officers, if the laws, regulations, and Mr. SHERMAN, I have no objection to that eral, to make this representation in order to fill instructions are to be overthrown and destroyed

up some three-year regiments, one year of whose at the will and option of any officer who sees fit Mr. WILSON. I think we can pass this bill time had already expired, and the men who were to violate them by making a promise beyond those || in a short time.

thus recruited have been discharged by the authat he was authorized to make by the Articles of Mr. POWELL. If my bill, which was made thority of the War Department, between certain War and by the regulations of the service. the special order for to-day, does not lose its dates; but the persons who were enlisted by the I say that if this amendment were adopted the place, I have no objection to the suggestion of same agents in Iowa, one, two, and three days beit the the Senator from Massachusetts.

fore the first date named in the order of the War operate to discharge that man, and it would also l passed over informally.

the last day in it, are still retained in the service, in nine cases out of ten go to effect the release of The VICE PRESIDENT. If there be no ob

the representation made to these recruits having men who do not deserve to be released.

jection, the special orders will be passed over in been made by the same authority, by the same Mr. HENDRICKS. I think there is a joint formally, subject to be called up at any moment. officers, and in the same manner. There is not resolution of the Legislature of Indiana on this The bill of the Senate (No. 408) is still before the || anything that is more manifestly unjust. It seems subject upon the Secretary's table, before him. | Senate as in Committee of the whole, the ques to me that there is not anything more calculated If so, I should like to have it read. If I recollect tion being on the amendment of the Senator from to demoralize the service than to keep these mea? it aright, it expresses the desire of the Legisla-West Virginia to the amendment reported by the in the service after the time for which they enture that a proposition such as is submitted by the Committee on Military Affairs.

listed and agreed to serve, under the direction and Senator from West Virginia should be adopted. Mr. WILSON. Tam opposed to this amend- according to the agreement entered into between

The VICE PRESIDENT. The Secreiary in ment, and I believe it will have a most disastrous them and our own agencies. forms the Chair that no such document is on his effect if adopted. In the first place, no man had a Mr. BROWN. If I understand the operation table.

right to make any such promise as is here spoken of the amendment of the Senator from West Vire Mr. HENDRICKS, I believe such a memo of. Ifany man made such a promise he made one ginia, it will be simply this: that the enlistment rial or resolution from the Legislature was pre which he had no right to make, and made it for l of every soldier in the Army shall be opened up sented to the body through the Presiding Officer. deceptive purposes. In the next place, the pa to be explained by him as to any contract, un

The VICE PRESIDENT. If so, it is on the pers' show that the men were mustered in for || derstanding, or agreement made between him and files of the Senate.

three years, and they signed the muster rolls on a recruiting agent or officer. I say if that door Mr. HENDRICKS. I know that the Legis- || which' that was expressed, thus agreeing to go in is opened, it lays your service open to be demorlature has adopted such a memorial, and my judg for three years. No man in the country was au alized utterly. If, as the Senator from lowa says, ment is with the proposition; because it is cer thorized io take them for any less time; but it has you are to assume that the person has been entainly very hard io make men serve a term of become a universal complaint of men who enlisted listed with the agreement that his term should three years when they were induced by the re and went into old regiments that their time should l expire when the term of the regiment expires; if cruiting officer to suppose that they were entering expire with that of the regiment. There is no that is to be carried out, and you are to discharge the service for the unexpired term of the regiment. || authority for it. If you put such a provision in him, why shall you not carry it further, and say It has occurred in many cases. The Secretary the bill you will have a clamor all over the country that if a soldier has been enlisted under a promise of War has authorized ihe discharge of one com to release all the men whose regiments have gone that he shall be made an officer, under a promise pany where the company entering the service home. These men received their bounty for three that he shall go into a specific branch of the serunder like circumstances were mustered in ac years, and they are in the service. Here and there vice, under a promise that he shall be in the arcording to the understanding. Certainly the claim | possibly a man was deceived; but not one was tillery, or cavalry, or any other different branch of those who were mustered in contrary to their deceived where you will find a hundred who will from that in which he is; why shall not he also understanding, to their bargain with the Govern claim that this promise was made to them. be discharged because of the failure to carry out ment, is as strong as the claim in the other case. I think the adoption of this amendment will that promise? Is not the promise as specific in I wished merely to call the attention of the Sen have a very disastrous effect. We had beller stand the one case as in the other? May not the inate to the fact that the State of Indiana, which has on tho law as it is, and hold the men responsible ducement be as great to him to enlist in the ono furnished her full quota of troops at all times dur to what they agreed, what they took bounty for, case as in the other? And if you are going to ing the war, has expressed a desire thata propo what the papers they signed slated. I dare say open up the question of enlistments to be determ

course.

power of any officer and any man colluding to Mr. SHERMAN, Let the special order be Department, and two, three, and four days after

ined and interpreted by private understandings Recruiting and mustering officers were strengthened in this to; but, on the contrary, that the Government would, in and arrangements that have been made by offi view of the case from the general tenor of certain orders of good faith to her soldiers, execute fully the agreement made cers who had no authority to do so, wly will you

the War Departmeni, providing for and regulating recruit with them by the recruiting officers."

ing for old regiments, which orders, when critically constop at the one point and not proceed to the other? sidered, were not as explicit as miglit have been desired,

The memorial is of some length, and I will not Why will you say that the one promise shall be but nevertheless were apparently on the hypothesis that the read further. This memorial from the Legislacarried out and not every promise shall be car

recruiting was for the old regiments, and not for the gen ture of the State of Indiana is certainly entitled ried out?

eral service, and that they would be discharged at the expi-
ration of the term of such old regiments. One of the orders

to very much respect. It relates to a subject in It seems to me there is nothing in the characreads as follows:

which many soldiers from that State are deeply ter of the amendment to commend it to those who are anxious and solicitous to maintain the force

Now I ask the attention of the chairman to this

interested. I have received communications on

the subject, and have applied to the War Depart. and etrect of our armies. I trust that the amendorder, when he says that the recruiting officers had

ment and succeeded in procuring the discharge of ment will not be adopted.

no authority to receive a recruit for a term less Mr. CONNESS. There is a more serious objecthan three years:

one company that was 'mustered in in terms ac

cording to the understanding of the men. tion in my mind to this amendment, which is, that

[General Orders, No. 108.]

I do not think it is a sufficient answer to say it deprives you of the old regimental organizations.

WAR DEPARTMENT, that it would produce trouble in the Army. If

ADJUTAXT GENERAL'S OFFICE, It was argued when these enlistment bills were

VASHINGTON,

- 28, 1863.

the assurance was given by the War Department before us on former occasions that the great gain

I. Whenever volunteer troops are mustered out of ser

to these men at the time they enlisted that they we were to receive was from placing new troops vice, the entire regiment or other organization will be con

would be discharged when the term of the regi. in old organizations. Now, sir, if you have your sidered as mustered out at one time and place, except pris ment expired, it ought to be carried out. These regiments composed of veterans and more newly oners of war, who will be considered as in service until

men expected it, and I think it is -but right it enlisted men, and the latter class are to be distheir arrival in a loyal State, with an allowance of time

should be done. necessary for them to return to their respective places of charged when the term of service of the former enrollment.

Mr. BROWN. If the Senator from Indiana shall come to its termination, simply, as suggested By order of the Secretary of War:

will permit me a moment, I will call his attention by the Senator from Missouri, upon the basis of

E. D. TOWNSEND, to a very wide distinction between the case which private understandings, how are you going to pre

Assistant Adjutant General.

he cites and the cases covered by the amendment serve the framework of your regimental organi This is not very clear, as the Legislature say in proposed by the Senator from West Virginia. zations? Who are to be your veterans in these their memorial; yet it did cause the opinion to be The case which he cites was one which was auregiments? How are you to educate your newly entertained that the entire regiments, including the thorized by the War Department itself, presumenlisted men? How are they going to become new recruits, would be mustered out at one time. ably by its head. The other case covers every effective in the field ? In fact, if you adopt the Nor was this understanding, as your memorialists are one in which a recruiting officer may have made rule suggested by this amendment, it appears to advised, contined to the people of the Sute of Indiana, but any promise to that effect; two very different me that in every respect you adopt one that could It prevailed extensively in other States, and this general

things. I have no doubt that if the case which mot be followed except by the destruction of your prevalence of such views tended to strengthen the sainewith

the Senator from Indiana represents is properly the people of Indiana. armies.

The following official document was extensively pub reported to the War Department, and is properly Mr. HENDRICKS. The State of Indiana lished in the public journals, and greatly tended to increase substantiated, it will be treated with every courtseems to feel a good deal of interest in this ques. the probability of the correctness of the views generally

esy, and he will receive justice on that subject. tion, and I feel it to be my duty to read very entertained by the people-

It is competent now for the War Department to briefly from the memorial of ihe Legislature upon I suppose this is the communication referred to

discharge soldiers when proper evidences are furthis subject. This memorial states the facts, and || by the Senator from lowa

nished. I do not think it is advisable that we upon these facts I cannot see how any Senator

WAR DEPARTMENT, shall here strip the Department of all discretion can vote against discharging these men:

ADJOTANT GENERAL'S OFFICE,

which can be governed by a sense of justice, and

WASHINGTON, September 26, 1862. To the Senate and

establish a general, sweeping law which will put Sır: In reply to yours of the 21st instant, stating the Hlouse of Representatives in Congress assembled : number of regiments raised and to be raised in your State,

it in the power of any individual acting outside The General Assembly of the State of Indiana respectfully and also making suggestions in reference to filling old regi

of his official capacity by making promises to beg leave to merrorialize your lionorable body upon mat ments, I am directed to say that recruits for old regiments deplete the Army and deprive us of those we have ters berein sel forth, and which your nenorinlisti deem of of volunteers for three years, or during the war, will be dis so much lroublé to enlist. great importance to many citizens of the State, and to charged at the expiration of the term for which the regiwhich your imicdiate attention is earnestly requested. ment was originally enlisted.

The amendment to the amendment was rePrior to the 1st of Jannary, 1863, the ranks of the old By order of the Secretary of War:

jected. regiments then in the field bad become so greatly deci

C. P. BUCKINGHAM,

Mr. BUCKALEW. I offer an amendment to mated by hard service and frequent engagements with the

Brigadier General and H. A. G. enemy, that it became necessary, in order to preserve such

come in as a new section: His Excellency Governor Kirkwood, of Iowa. organization, that a general anxiety was feli, both by the

And be it further enacted, That the third section of the act people and the authorities, that they should be speedily Here is an express promise by the War De

entitled " An act further to regulate and provide for the enfilled up with recruits.

partment as early as 1862 that the men who en rolling and calling out of the national forces, and for other This anxiety greatly stimulated enlistments, and the prospect of serving in companies with experienced com

listed for the unexpired term of a regiment would purposes," approved July 4, 1061, be, and the same is rades encouraged volunteering. be mustered out when the regiment was mustered

hereby, repcaled. The men thus recruited in the State of Indiana had the out, and I cannot see that there is a question about I send to the desk to be read the section which full understanding that they were enlisted for the unexpired it any longer. This is a communication to the I propose to repeal. time of the old organizations into which they were muistered, and that they would be mustered out of the service

Governor of the State of Iowa, informing him by The section was read, as follows: at the expiration or the original term or service of such old the authority of the Secretary of War that these

“Sec. 3. And be it further enacted, That it shall be lawful organizations.

men would be discharged at the expiration of the for the Executive of any of the States to send recruiting In this understanding the volunteer, the recruiting offiterm of the regiment.

agents into any of the Suites declared to be in rebellion, cer, the State authorities, and the people, fully participated, and in the absence of any order from the War De

Mr. COLLAMER. Will the gentleman have

except the States of Arkansas, Tennessee, and Louisiana,

to recruit volunteers under any call under the provisions of parunont affecting the subject, and for reasons following, the goodness to read that communication again? this act, who shall be credited to the State, and to the rethis view of the matter was not unreasonable.

Mr. HENDRICKS. Yes, sir.

spective subdivisions thereof, which may procure the en1. At the time these enlistments were made the impres

listment." sion prevailed generally in the Army and among the people

War DePARTMENT, that the war would end and the soldiers be discharged even

ADJUTANT GENERAL'S OFFICE,

Mr. BUCKALEW and Mr. CARLILE called before the expiration of the original term of service of the

WASHINGTON, September 26, 1862.

for the yeas and nays on the amendment to the organizations into which such recruits were mu-tered. Sir: In reply to yours of the 21st instant, stating the

amendient. 2. The recruiting was carried on for particular regiinents,

number of regiments raised and to be raised in your State, and not for the service generally, there being no general and also making suggestions in reference to filling old regi

The yeas and nays were ordered. system of recruiting for the Army established, thug naturally ments, I am directed to say that recruits for old regiments Mr. WILSON. I should be very glad to hear producing a belief that no service outside of or beyond the of volunteers for three years, or during the war, will be the reasons why this proposition is made by the tern of these regiments would be exacted. discharged at the expiration of the term for which the regi

Senator from Pennsylvania. I do not know that 3. The advantages of maintaining old organizations and ment was originally enlisted. placing recruits among old experienced associates under

By order of the Secretary of War:

this law has worked evil to the country in any ihe command of tried officers, were apparent to all, and it

C. P. BUCKINGHAM way, and I am confident that it has given some was equally apparent that no recruits could be induced to

Brigadier General and A. A. G. thousands of men to the service. entist in any organization that would terminate prior to the Ilis Excellency Governor KirKWOOD, of Iowa.

Mr. SAULSBURY. As my friend from Pennexpiration of the term for which said recruits Vere to be mustered, thereby separating suell recruits from their former

I cannot say that I am particularly fascinated sylvania does not respond, before the roll is called comrades and officers, and without their consent attaching with the composition and clearness of the com

I wish to know from the Senator from Massachuthem to organizations iu which tbey would be total strani munication, and yet it caused the people to be

setts whether a statement which I saw some time gers. 4. Whole regiments had been enlisted and accrpted into

lieve that these recruits would be discharged at ago is correct. That statement was, that immethe service for terms no greater, thus inducing the belief the expiration of the term of the regiment: diately upon the fall of Savannah, the Governor that soldiers were desired without particular reference to “The foregoing facts your memorialists believe to be

of Massachusetts had agents there to recruit so as the term of service.

sufficient to establish the fact that recruits enlisted in old to fill up the quoia of Massachusetts, and that that 5. The impending draft of that year was for a term of nine months, whicli induced the belief that volunteering organizations, at the time referred to, were fully under the

was done before any permission was given by the impression that they were only to serve for the unexpired for a much longer period, as was the case with such re

authorities in Washington;and as the papers state, term of the organization into which they were mustered, cruits, would be a judicious arrangement for wie Govern and that their retention in the service after such time works after the slaves were enlisted and were on shipinent. 6. At the time these enlistments were made no system

a great hardshipupon them, and is greatly calculated to dis board and had started for Massachusetts, Gov

courage and dishearten them. Your meinorialists are fully of recruiting had been devised or talked of, and of course

ernor Andrew made application to the Presiaware that the muster-rolls whicli said recruits signed dethere could be no intimation that any regiment woud be

dent of the United States for permission to recruit scribed an enlistment for three years or during the war, continued beyond the time of its original enlistinent. but at the same time are informed, and believe, that such

in Savannah, and, as the papers state, the PresiWith these views recruiting others in variably informed sucli recruits that they were to be discharged at ihe expira

averments in said rolls were explained to them as being dent graciously granted his request. Is that true?

mere technical forms, and would in nowise interfere with tion of the term of service of the old organizations into

If it be true, it gives great advantages to certain the understanding upon which they were enlisted, and which they consented to be mustered, and this was agreed thus did not disturb the conviction in their minds that they

States over others. In our State what is done to and concurred in by the mustering officers then on duty. would be discharged with the regiments they were assigned

when a draft is made: I am informod by my col

league, who has paid more attention to this subject || the law of the country. In other words, we re Here is the record in regard to the black troops than I have, that our State has already furnished fused upon several occasions to allow any State furnished by Massachusetts. They number less more than her quota, and gets no allowance for it. to go into any other State for the purpose of re than five thousand. During the last few weeks When our people are drafted they have to go; we cruiting and filling up its quota. There was dis we have enlisted, perhaps, a few hundred more; have no such facilities; we have no agents in the agreement between ihis body and the House of for we believe in enlisting those men; we believe seceded States; we want none; but our young men Representatives, and the question was referred to in using them; we are anxious to enlist them have to leave their homes and go to the battle a committee of conference, and in some way, after wherever we can find them; and we pay them a field, young white men. When the terrible calam I left the city, this provision was adopted, con State bounty of $325, and we treat them in all reity of war is upon us, and when the young men trary to the expressed opinion by a yea and nay spects like men. of the country are called to go to the battle-field, vote several times made, of the Senate, and by Mr. SAULSBURY. If the Senator from Maswe have a right to demand that the sons of Mas very decisive votes. I trust now, sir, when we sachusetts supposed that in my remarks I meant sachusetts and of other States shall go and share have the opportunity to do so, that we will put any resection upon the State of Massachusetts, its perils. I should like the Senator from Mas ourselves right on the record in this regard, and or any other State, he is very much mistaken. I sachusetts to answer the question whether the that we shall declare that if there are colored men never have, since I have been a member of this statement to which I have referred, as it appeared in Savannah or in any other place to be recruited, body, made an assault on any State. I do not in the papers, be true. If it be true, it is an argu they shall be recruited into the service of the Uni- | think it is my province to assail Massachusetts, ment plain and powerful why the proposition of ted States and not into the service of any particu or any other sovereign State of this Union; and my friend from Pennsylvania should be adopted. lar Stale; that we will clothe them, we will feed I do not think it is in the province of any other

Mr. WILSON. I am not able to answer the them, we will give them the bounties, we will Senator to assault my Statc, or any other Siate. I question of the Senator from Delaware, but I can furnish them with arms, we will become respon had no object of thai kind in view. But I had this say that the Governor of Massachusetts believes sible, politically and morally, for their safe-keep- || object: to call the attention of the country to the in enlisting men in the rebel States; he believes in ing, and not allow this State or that State to as fact that while the young white men of my State taking men from the cause of the rebellion and

sume to become the superintendent of these men, were being drawn against their will, dragged into giving them to the cause of the country. He is and claim them upon their quotas, and compel the Army of the United States, I haủ, in their bean earnest, prompt man, and I have no doubt took the other States that do not happen, perhaps, lo half, a right to demand that the young educated the earliest possible action in this as in every other have quite as prompt a Governor as the Senator white men of other States should go to che battlecase affecting the interests of the country; and if from Massachuselis says they have, to fill up field, and that a neyro from a southern plantation he did not have an agent first at Savannah to cn their quotas with the young white men of their should not be allowed to answer to the require. Jist colored men, I think the reason must be that States. These colored men in the rebel Slates are menis of the draft so as to be put upon an equalhis agent took a slower vessel to reach there than

a fund that belong to all of us, and neither the ity with the young white men from my State. If tire agent of any other Stute, for I am sure he State of Massachusetts, nor the State of lowa, the State of Massachusetts, or any other State in would be as soon to send him, and as soon to ask

nor any other State, should be permitted to go and this Union, is so patriotic that it wishes to fill up authority, as the Governor of any other Slale. draw upon that fund so as to fill up its own quota, the armies of the United States, and will send its

Mr.SAULSBURY. In support of the remarks and thereby impose the necessity of a still greater agents South to gather up negro recruits and put that I have made I will read an extract from a

druft upon the States which do not see fit to do them into the Army, and not ask that those negro paper called the Commonwealth published in Bos

this, or have not the opportunity to recruit these recruits shall stand in the place of their own sons, ton, which is understood to be the organ of a dis colored men.

It is manifestly unjust, and I trust I have no objection. De gustibus non est disputinguished member of this body, and which I the amendment of the Senator from Pennsylvania | tandum. suppose always states what is exactly correct in will be adopted.

Mr. SUMNER. I merely wish to make one these matters. The cxtract reads in this wise: Mr. WILSON. I desire to say a word or two remark on this proposition. I am not aware that

“ Prompt as Usual.-Immediately on the fall of Savan in answer to the Senator from Delaware, to which any abuses or evil consequences from the existnali, Governor Andrew dispatched agents to that city to I desire his attention.

ing law have been shown. recruit black loyalists for the national Ariny, to be credited to vie quota of the State. He then asked permission from

The United States have called upon Massa Mr. GRIMES. Does the Senator recollect the die Secretary of War to do so, which was cheerlully ac chusetts for 117,624 men. Massachusetts had fur letter of the distinguished General Sherman upon corded, and the documents will arrive out about the time nished, and was credited by the War Department that subject? the first squad is on its way to Massachusetts.”

up to the 22d of December last, in response to this Mr. SUMNER. What was the date of the I appeal to the American Senale, is that right, call for 117,624 men, 125,437 three-years men, letter? Does the Senator remember? is it fair? When the young men of my State, | making a surplus of 7,813 more three-years men

Mr. GRIMES. I cannot remember the precise of Pennsylvania, and of other States, are com than the Government had called for. She has fur date, but I remember distinctly it was after the pelled under your conscription law to leave their nished on the call for 117,624 men, 153,486 of all passage of the law which is now sought to be rehomes and go to the battle-field, is it right that kinds; but counting them as three-years men, she | pealed, and after some of the States had sent their the Governor of Massachusetts, or the Gov has furnished 125,437, being nearly 8,000 more recruiting agents down into General Sherman's ernor of any other State- I make no assault upon than the quota asked for of three-years men. army for the purpose of recruiting, thus coming Massachuselis-shall be allowed to send agents Massachusetts last year furnished 45,446 recruits in collision with the United States recruiting offiinto the southern States, waiting, perhaps, until to the Army.

cers who were attempting to recruit the same men some city falls, that they may recruit and enlist Mr. SHERMAN. How many of those were to go into United States regiments. into their service the ignorant, degraded slave, and credits for the naval service?

Mr. SUMNER. I am inclined to think the to count him

as a man against the educated young Mr. WILSON. I believe 16,625 during the letter was written before the passage of this law. man of my State? No, sir. If this direful war war, of this number of men furnished in response Mr. NESMITH. The letter was written after is to continue; if, as judging from the indications to these calls, 10,672 out of 125,437 were foreign the fall of Atlanta. of the time I presume weare, we are to have twenty born men. There has been a great deal said about Mr. SUMNER. Very well. It was a good or fifty years of bloody fratricidal war in this coun importations of men to fill up the quota of Mas letter. I remember very well that it was a welltry, I have a right to second the demand of the sachusetts. Nine hundred and seven men were written letter, rather pointed, and seemed to be honorable Senator from Pennsylvania, and ask imported from Germany and put into four Massa written rather with the point of the sword than that you send your sons and your brothers to the chusetts regiments; of the number of black men with the pen, I thought, as I read it at the time. field, when we are compelled to send there our put into service by Massachusetts, taking the But, sir, I am not aware, notwithstanding the sons and our brothers. Do not send your agents whole number, those enlisted at home as well as letter to which my friend from lowa calls the atinto the southern States to pick up

the

poor de those enlisted in all the rebel States, she has put tention of the Senate, that any abuse has been graded African to fill your quota, and keep your in 4,731, and of this number about 1,200 were en shown, nor any evil consequences, nor any evil sons and your brothers and ihe husbands of your listed in the rebel States. Thus it will be seen, example. I therefore submit to the Senate that daughters in your own midst to enjoy all the out of the 125,437 three-years men furnished by | inasmuch as the law exists, as it is already on our

Massachusetts, but 15,000 of them were born out statute-book, it should not be hastily removed,

side of the United States or were colored persons. unless some reason can be shown for the removal. Why, Mr. President, if this thing is to be con The Governor of Massachusetts, in his last The burden, therefore, is on the Senator from tinued, there are certain States in this Union whose

message, speaking in regard to these colored Pennsylvania, who makes this motion, to show wealth is being daily increased by the continutroops, says:

that something wrong has occurred under this ance of this war, that can very well smile when

“ If we have accepted colored volunteers who have coine

law. our households are bathed in tears. The fathers to Massachusetts for the purpose of becoming soldiers, and

Mr. BUCKALEW. I explain by saying that of New England will not feel as the fathers of our turned them over as soldiers of tie United States, it is be I desire each Slate to raise its own troopis within sons feel when they are dragged from their homes. cause when we began to accept them and until we had The mothers of your sons will not go down to raised the equivalent of two regiments, no other opport

its own limils, establishing a principle of equality, nity for them existed in the country. We believed in colored

and that no State, by favoritism of the War Detheir graves weeping, as Rachel of old, because

men; others did not. We obtained permission to offer them. partment, or of the President, or of generals in they are not. Why? Because in the place of We assumed the hazards of the enterprise, but the country ihe field, shall be permitted to fill up its quota your sons you send the degraded African. Our reaps the reward of its brilliant and assured success."

from the South. households may be filled with mourning; the ha A great deal has been said in regard to the calls Mr. SUMNER. The Senator now brings forbiliments of woe may be witnessed in every house that have been made upon Massachusetts, and ward another point. He speaks of favoritism, hold with us; but you can rejoice and thank God the troops that have been furnished by her. 1 and says that no Slate by fuvoritism of the Presa that you are growing rich on the profits of a war venture to say here, without knowing what are ident or of the War Department should be alsupported by your votes, but the afflictions of

the proportions furnished by the other States, that lowed to recruit in the South. I will ask the which none of you personally feel.

of the one hundred and fifty-three thousand men Senator what favoritism there can be under this Mr. GRIMES. It will be recollected by the who have gone into the service from Massachu slalute? Senate that this question was before it at the last setis, quite as large a proportion were men who Mr. BUCKALEW. I refer to the paper alsession, and by several decisive voies it was de were born in New England, and lived in the State ready read in the presence of Senators. eided that the law as it now stands ought not to be as can be found in any other State of the Union. Mr. SUMNER. I say what favoritism can

hlemores of life while ours are drawn'away from

once.

there be under the law as it exists? Is it not President of the Senate, the certificates of the electoral public meeting. That question was very clabopen to all the States alike? There is no State voles; and said tellerslaving read the same in the presence orately discussed the other day. I hope no dis. that may not send its agents there, precisely as

and hearing of the two Houses then assembled, shali make
a list of the votes as they shall appear from the said certifi-

cussion is to spring up on this report, because it is said Massachusetts has sent hers. Lei us

cates; and the votes having been counted, the result of the it is important that we have action upon it at understand each other. Do not let us vote igno same shall be delivered to the President of the Senate, who rantiy. The Senator says that the law as it now shall thereupon announce the state of the vote and the

Mr. COWAN. I ask the honorable Senator exists operates unequally; that it opens the way

names of the persons, if any, elected, which announcement
shall be deemed a sufficient declaration of the persons elected

whether there is any other case in which the two to favoritism, either from the President or from President and Vice President of the United States, and, to

Houses go into joint convention except this one. the Secretary of War. Sir, he can show no such gether with the list of the votes, be entered on the Journals Mr. TRUMBULL. They do not go into joint thing. The law as it operates equally of the two Houses.

convention here. They meet together simply to throughout the whole country. If one State is That is the usual form, as far as I have read, of provide for the counting of the vote; but there is more active in its recruiting agents, if it rushes the resolutions heretofore adopted. The coinmit- | no provision for their taking action as a joint swiftly to that field of exertion, there is no fa tee have proceeded further to provide for a con body. They go there to see the votes opened, voritism in it. That is from the activity and the tingency:

and then Congress provides by law how they energy of the State, and not from any favoritism

Ir, upon the reading of any such certificate by the tellers, shall proceed. This is my view of it. or indulgence here in Washington. Therefore, any question shall arise in regard to counting the votes

Mr. COWAN. That assumes the very point sir, that argument of the Senator I put aside. therein certified, the same having been slated by the Presid in dispute. The allegation of some of us is that I come back, then, to the question with which

ing Officer, the Senate shallthcreupon withdraw, and said
question shall be subinitted to that body for its decision ;

they do go into joint convention; that the phrase I began when I was interrupted by the Senator and the Speaker of the House of Representatives shall in

which gives them power and authority to do so from lowa, what abuse, what evil example has like manner state the question to the House of Represent is a general phrase. The mode and manner in been shown? Not one. Senators, if they vote atives for iis decision; and no question shall be decided which it is to be exercised of course must be for this proposition, must vole under the influ

affirmatively, and no vote objected to shall be counted, ex-
ccpl by the concurring vote of the two flouses, which being

fixed by law, or must be fixed by rules to be ence of prejudices and not of reason. There are obiained, the two Houses shall immediately reassemble, adopted for the governance of this convention Senators, I know, who have prejudices ngainst and the Presiding Officer shall then announce the decision itself; and to show that it is a convention, and the enlistment of colored troops; but I make an of the question submitted; and upon any such question

to show it conclusively, the resolution offered by there shall be no debale in either House. And any other appeal to the patriotic Senators on this foor; question pertinent to thic olject for which the two Hlouses

the committee to-day provides for its organizathose who love their country, and who hate bel are assenibled may be subinitted and determined in like tion, provides that it shall have a Presiding Offiligerent slavery, not to yield to any such preju nianner.

cer, provides some rules at least for its governdice. I can understand that the Senator on the At such joint meeting of the two Houses seats shall be

ance, provides for the appointment of tellers. other side who smiles, the able Senator from In

provided as follows: for the President of the Senate, the
Speaker's chair; for the Speaker, the chair on his left; for

Mr. TRUMBULL. Each House appoints the diana (Mr. HenDRICKS] might follow his friend Senators, the body of the fall on the right of the Presiding tellers, not the joint convention. from Pennsylvania, because the Senator from Oficer; for Representatives, the body of the Hall Holoccu Mr. COWAN. Then I think the joint conIndiana always does vote against the employment pied by Senators; for the sellers, Secretary of the Senate

vention should appoint the tellers. of colored troops. He, therefore, if he sustains

and Clerk of the House of Representatives, at the Clerk's
desk; for other officers of the two llouses, in front of the

Mr. TRUMBULL. Il never was done since the proposition of his friend, will act naturally Clerk's desk and upon either side of the Speaker's platform. the Government was formed. That part of the and in harmony with all he has done and said Such joint convention shall not be dissolved until the resolution is similar to the one we have always on this floor. Tam sorry that he feels obliged to

electoral votes are all counted and the result declared, and take that course,

acted under since Washington was elected Pres. It is not for me, however, to

no recese shall be taken unless a question shall have arisen
in regard to the comiting of any such vote, in which case

ident. criticise him. But how other Senators who do it shall be competent for either House, acting separately in Mr. COWAN. Then we encounter the misnot follow the lead of the Senator from Indiana the manner herein before provided, to direct a recess not chief I suggested a moment ago. If there was a and the Senator from Pennsylvania can strike at beyond the next day at the hour of one o'clock, p. m.

partisan majority in the Senate opposed to the this enactment when no abuse under it has been Mr.JOHNSON. I understood the Senator from counting of the votes of a particular State, all it shown, when, in point of fact, no reason has been Illinois to say that the latter part of the report is || had to do would be to stand firmly upon its readduced for its repeal, I am at a loss to under not to be found in the reports heretofore made by solve that they should not be counted, and that stand.

which these conventions have heretofore been State would be disfranchised by the act of the I have said that nothing has been brought | governed, and if I recollect the reading aright it Senate alone. The House would have the same against the existing law.

privilege precisely. Was that ever contemplateu ? something can be said in its favor. Alt has stim | provides only for a single contingency; that is to ulated recruiting; it has secured to the public ser It appears to me it would be desirable to provide sylvania will allow me to put a question to him vice certain soldiers who otherwise would not

that in the event of any other question being | he will see that there is nothing in the question have borne arms for their country; and that alone, made

he asks. sir, is an all-sufficient reason for keeping it still Mr. TRUMBULL. It does so provide. It Mr. COWAN. Certainly; I shall be very glad longer on the statute-book.

provides specifically for any other question per to see it. Mr. DAVIS. Mr. President, I am one of those tinent to the matter for which the two Houses are Mr. TRUMBULL. Suppose either House obwho believe that a white soldier is more efficient assembled.

stinately refuses to go there at all. If you are to than a negro soldier.

Mr. JOHNSON. I did not understand it so. suppose that the Senate of the United States is Mr. TRUMBULL. With the consent of the Mr. TRUMBULL. It so reads.

determined to break up the Government, they will. Senator from Kentucky I will ask the unanimous Mr. COWAN. There is one difficulty I would not meet at all. You might just as well suppose consent of the Senate to make a report from the

suggest to the honorable Senator from Mlinois. that as to suppose that it will obstinately refuse joint committee appointed to canvass the vote for It is provided that when questions shall arise in to perform any other duty. President and Vice President the day after to the joint convention, the Houses shall separate Mr. COWAN. I have heard that argument morrow. It is indispensably necessary that we and consider the master separately. Now, suphave action upon it as soon as possible. The

repeatedly before, and it comes very badly from pose there is a question there whether the vote of the mouth of one who provides for a proposition House will have to concur in it. If the Senate

Louisiana shall be counted. The Senate retires of the kind. I admit you have no right to prewill now consent to let the report be submitted to its Chamber and decides that it shall; the House and acted upon, it will take, l'apprehend, but a

sume it; but you have no right to provide that of Representatives organize and decides that it few minutes I think there will be no objection to

they may do it. You have no right to put the shall not; how is the question then to be decided ? i-and the House will then concur, so that we

Senate in such a position as that it may do it.

Mr.JOHNSON. It falls, of course, and would You have a right to foresee the mischief before it shall be ready to take action on the subject on not be counted. Wednesday next.

happens; but by the adoption of these rules it is

Mr. COWAN. I think there is a fundamental a tacit admission that the Senate may do that The VICE PRESIDENT. The Senator from

mistake at the bottoni of this provision.. I think it | thing. There is no presumption that the Senate Illinois asks the unanimous consent of the Senate

belongs to the Houses in joint convention to de will not go into joini convention, although I am to submit a report from the joint committee on cide that question when it arises. It is evident the subject indicated. The Chair hears no ob

very sorry to say that such a mode of procedure that they are there with some power and authority is too common now among the Slates, among men jection.

over it. They cannot be supposed to be mere idle who think by that means they can gain an advanCOUNTING OF PRESIDENTIAL VOTE.

and indifferent spectators, because otherwise the tage from the country when ihey are overthrowMr. TRUMBULL. With the consent of the votes might be counted separately in the separate ing the very fundamental laws which underlie ils Senate I will read the report, as the hand writing

Chambers. Therefore I think that that provis institutions. I think this matter should be left is more legible to me than to the Clerk.

ion is objectionable. Any one of the Houses, with the joint convention; that in that convenThe joint committee to whom was referred the then, could disfranchise a State according to the tion all questions which arise as to the validity of subject of ascertaining and providing a mode for construction that is to be put upon it.

votes there to be counted by that convention should canvassing and counting the votes for President Mr. TRUMBULL. The question then has to be determined. and Vice President of the United States have in be decided by the concurreni action of the two The VICE PRESIDENT. The question is on structed me to report the following joint rule in Houses, and I suppose committees of conference,

agrecing to the report of the committee. part in the discharge of their duty: may be resorted to to bring that about. It has

The report was agreed to. Resolved by the Senate, (the House of Representatives to be decided somehow, and this provides a mode

ENROLLED BILL SIG NED. concurring therein,) That the following be added to the when the question arises by which it shall be setjoint rules of the two flouses, nainely:

tled. If the Senator from Pennsylvania chooses A message from the House of Representatives, The two Houses shall assemble in the Hall of the House of Representatives at the hour of one o'clock; p. m., on the

to suppose that you must take a vote per capita, by Mr. McPherson, ils Clerk, announced that second Wednesday in February next succeeding the meet the Constitution provides no means for any

such the Speaker had signed the enrolled joint resoluing of the electors or President and Vice President of the action. The only way the two Houses of Con tion (H. R. No. 126) declaring certain States not United States, and the President of the Senate shall be their Presiding Oflicer. One teller shall be appointed on the part of

gress can act is independently of each other. It entitled to representation in the Electoral College; the Senate and two on the part of the House of Representa

was the unanimous opinion of the committee that which thereupon received the signature of the tlves, to whom shall be handed, as they are opened by the it could not be done by voting en masse, as in a

Vice President.

to.

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