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

THIRTY-Eighth CONGRESS, 20 Session.

TUESDAY, FEBRUARY 7, 1865.

NEW SERIES.....No. 39.

AMENDMENT OF ENROLLMENT ACTS. officers of equal skill and ability in war, the one other States we have no right to complain. The The Senate, as in Committee of the Whole, ré

hundred thousand white soldiers would be an fault is in the system. sumed the consideration of the bill (S. No. 408)

overmatch for the one hundred and fifty thousand Reference has been made to a letter by General in addition to the several acts for enrolling and

negro soldiers. Therefore, sir, I am in favor of Sherman, which was published. I know from calling out the national forces, and for other pur.

the repeal of this provision which was intended him, as well as from his public communications, poses, the pending question being on the amend- to operate for the benefit of Massachusetts and that these attempts to enlist negro soldiers in the ments of Mr. BUCKALEW, to amend the amend

the other northern States that have ample funds army of the Mississippi created embarrassments, ment reported by the Committee on Military

out of which to give large bounties. It operates until finally he had to compel them to leave hig Affairs, by adding the following as an additional in their favor by allowing them to enlist, to buy-|| lines. There was a competition between the section:

yes, sir, to enter into the slave traffic, to enter into agents of the different States offering these inSec. –. And be it further enacted, that the third section

the purchase of negroes, and to buy negro sol- creased bounties, sometimes more, sometimes of the act entitled "An act further to regulate and provide

diers for their surplus money, and to substitute less, creating a strife right in his own army, so for the enrolling and calling out of the national forces, and those negro inferior soldiers and exonerate their that it was necessary for him in order to preserve for other purposes," approved July 4, 1864, be, and the same white men from service in the field.

military discipline in his camp to exclude these Ia bereby, repealed.

Upon that ground I am in favor of this repeal. State agents altogether. It was not done out of Mr. DAVIS. Mr. President, I had remarked My objection is not that under it negroes are put ny disrespect of Congress, but simply to prethat I was one of those who believed that the into the army. I have made the objection to ne- serve military order. white soldier was more efficient in balile and in gro soldiers heretofore often, but it has been over- The reason given by the honorable Senator from all the service of a soldier, except probably man- ruled a hundred times, and I acquiesce in the de- Massachusetts for this law at the last session does ual labor, than the negro. The objection now cision of the Senate and of the nation that negroes not now apply. He said then that it was desirable made is not to the enlistment of negro soldiers, are to go into the army. That is not my objection to get these negroes in the service of the United but to the substitution of negro soldiers for white to this measure; but my objection is thai every States, (and that I conceded;) and he said that the soldiers. I believe that the intelligent free white negro thus brought into the army excludes a military authorities of the United States would not men of Massachusetts, of any northern State, and white man, who would make a superior seldier, enlist them; that some of our military officers were of any State in the Union, are a superior order of from it. They are a more expensive soldier than opposed to the enlistment of negroes, and would soldiery to the negroes of Alabama and of Geor- the white soldier. All the army reports prove not promote their enlistment; and it was said gia. The scnse in which I desire this repeal to that. They are more destructive upon arms, upon that in the army of the Mississippi no efforls were take place is this: that the effect of the provision clothing; more wasteful in all the munitions and made to enlist negro soldiers. That is not now proposed to be repealed is to exclude the intelli- || supplies of war than a white soldiery are; and the case. Every general officer, from the highgeni, superior soldiery of the northern States, and an aggregate of one hundred thousand negro est to the lowest, so far as I know, is in favor of of all the States, from the Army to some extent, soldiers would be much more expensive to main- enlisting negroes in our Army. There never was and to make an inefficient negro soldiery their tain than one hundred thousand white soldiers. any objection to it in my mind; and from the besubstitutes. I object to that. If the Government I want the superior soldier, the more economical | ginning of this war I believed it was the policy or the Senate desire negro soldiers to be recruited and less expensive soldier to be brought into the of the Government to employ negro laborers and and to be brought into ihe Army, be it so; but let | field, and that he shall not be excluded by the negro soldiers. There is not now an officer in them be brought in on account of the United States, inferior negro soldier being bought by the money the service but what is willing and anxious to and not of any particular State. Let them come of Massachusetts or of any other State.

promote the employment of negro soldiers. I in as soldiers of the Republic at large, and not of Mr. SHERMAN. Mr. President, I certainly || have here an order issued recently, dated "HeadMassachusetts or any particular State.

would not have introduced this controverted point | quarters Military Division of the Mississippi, in Now, sir, if this measure is not repealed, what || of the last session now, but since it is before us the field, Savannah, Georgia, January 16, 1865," is the condition of the States relatively? There I feel bound to vote according to my convictions || in which it is made the express duty of all the are some Slates too poor in their revenues and in on the subject. It will be well remembered by || military officers in that army to encourage the their resources to offer large and attractive boun- the Senate that on several decisive votes a decided enlistment of negro soldiers, from which I will ties. Here is the State of Massachusetts, that has | majority of the Senate were opposed to sending read an extract. In speaking of the condition of so much aggregated wealth that the bounties in State agents into the southern States to enlist ne- the negroes, it is declared: that State in various forms in the aggregate, as I gro soldiers. It was the almost unanimous desire

“By the laws of war and orders of the President of the understood at the last session, amounted to from of the Senate to enlist all the negro troops possi- United States the negro is free, and must be dealt with as ten to fifteen hundred dollars per man. Here then ble, but it was the opinion of a large majority such. He cannot be subjected to conscription or forced is the State of Indiana, or the State of Kentucky, that those soldiers when enlisted should not be military service, save by the written orders of the bighest that has not the means to offer such large and allur- || credited to a particular State, but ought to be en

military authority of the Department, under such regulaing bounties for white or negro soldiers. Massa

tions as the President or Congress may prescribe. Domestic tered into the service as United States volunteers.

servants, blacksmiths, carpenters, and other mechanics, chusetts has these means. She goes down into | The objection to sending agents to the southern will be free to select their own work and residence; but the South, and with her large bounties is enabled States was that it created an unhealthy competi

the young and able-bodied negroes must be encouraged to to recruit negro soldiers to an extent sufficient to tion and strife and contention which would prob

enlist as soldiers in the service of the United States, to con

tribute their share toward maintaining their own freedom exonerate her whole white population from mili- || ably interfere with the public service or the proper and securing their rights as citizens of the United States. tary service, or, at any rate, to exonerate to a employment of negroes in the southern States. Negroes so enlisted will be organized into companies, baiconsiderable extent her white population from That was my conviction then; it is my conviction

lallong, and regiments, under the orders of the United States military service. The effect is that money can now. I have conversed with many officers on the

military authorities, and will be paid, fed, and clothed, ac

cording to law. The bounties paid on enlistment may, with buy an inferior soldiery, and the law now pro- subject since, and they have uniformly informed the consent of the recruit, go to assist his family and setposed to be repealed allows that inferior soldiery me that wherever these agents came they created tlement in procuring agricultural implements, seed, tools, to be substituted for the superior soldiery; in embarrassment, struggle, strife, and contention.

boots, clothing, aud other articles necessary for their live

lihood." other words, the negro substitute exempts the In one case a general officer told me that a few newhite man upon whom the draft would otherwise || groes who had been employed in the quartermas- Now, Mr. President, when it is not only the devolve. Suppose the quota of Massachusetts is cer's service, where their services were as valua- || law, but when it is the practice of all our general twenty thousand under the new draft, and she is ble as they could be in any capacity, were actu- officers in the field, to enlist these soldiers in the enabled to substitute ten thousand southern ne- ally taken away from Memphis, Tennessee, by service of the United States, why should we send groes for that number of her white population. the offer of large bounties, iransported in Gov- the agents of the States down there to compete Would the United States make anything by the ernment vessels, taken to a remote State, there with our own enlisting servants? It seems to exchange? Would it or not be a bad bargain? enlisted into the service of the United States, cred- me the most ridiculous proceeding that can possiWould it or not be the substitution of an inferior ited to that State, and carried back to the same bly be had. When these negroes enter our serfor a superior soldiery?

place where their services were less valuable in vice in Georgia, they do not cost the Government The argument that that measure brings the ne- their new capacity than they were before all this anything; we pay them no bounties; they are willgro soldier into the field is not a good argument; money had been expended upon them.

ing to enter the service to fight for their liberty. it is not true in point of fact. The negro can be At ihe same time we have no right to complain | But when you allow the agent of the State of brought into the field withoutthe benefit of the sec- of Massachusetts or any other State in this re- Ohio, or any other agent, to go and enlist those tion which is now proposed to be repealed. In the gard. This is not a question affecting a particu- | negroes, the United States pay to each one of county of Bourbon, in which I reside, over eight Tar State. If the Governor of Massachusetts is them a bounty; they are transported in Governhundred negro soldiers have been recruited into more active in availing himself of the privilege ment vessels, perhaps not according to law, but the service,

and they have not been recruited into conferred by the law than others, we have no right they are necessarily transported from the scene the service by the operation of the law which the to complain of it. If Governor Andrew is always | of operations back to the State where they are honorable Senator from Pennsylvania now pro- first at the feast, we have no right to complain, enrolled and enlisted, and credited to the State, poses to repeal. I venture the opinion that if || because the law of the last session, which was and finally sent back. All this enormous expense ihere were one hundred thousand intelligent white | passed against the decisive vole of the Senate, and is had without any occasion and without any nemen, such as can be drafted or procured by vol- || passed by the agency of a committee of confer- cessity, and probably they are sent back to pero' unteering in the northern States, in one army, ence, gave to the Governor of Massachusetts and form ihe same duty after a three or four months' and one hundred and Gifty thousand southern ne- the State of Massachusetts the legal right to en- voyage northward and back again. It seems to groes in an opposing army, and they were led by ll list these negroes, and if they are more active than me a very ridiculous and absurd farce.

I would not have moved to repeal this law, quota. When you put the negroes who are resi- i derstand it, is to take from the court that is to try simply because the law fell dead; it was not prac- dents of the seceded States, or ihe rebel Suutes, in these offenses the discretion as to the punishment tically executed in any of our military lines, be- The Army, they must be credited to the general as far as the minimum is concerned; that is to say, cause all the military officers in the whole line of | quota, and that would lessen the draft upon all the the party, if convicted, must be punished by a our operations across the continent interfered by adhering States. That is the only equitable way fine of not less than a cerlain amount, or an im. military orders with the operations of these State in which it can be done; and that was the senti- prisonment not less than a certain period of time. agents. They had necessarily to do so, not from ment of the Senate at the last session on more It appears to me there may be a great variety of any opposition lo the employment of negroes, but voles than one. If you want three hundred thou- causes existing in cases of this description which simply to prevent the sirife and contention that sand soldiers by draft, and you get fifty thousand would render it proper that the discretion should was inevitable from such a state of affairs. As from the negroes in the rebel States, then the draft be as large as possible. Let it be a fine of any the proposition has been made, I hope the Senate will be only for two hundred and fifty thousand, amount the conimission may think proper 10 imwill adopt it, and repeal that provision of law, instead of ihree hundred thousand, and that dis- pose, or an imprisonment any number of days which, I think, was unwisely and unadvisedly tributed equally and properly will send to relieve only, as they may think proper to impose; but passed at the last session. every State in the Union from the draft.

one thing is perfectly certain; I speak, as I think Mr. TEN EYCK. Mr. President, it may be The Senator from Massachusetts says there has from some experience, not so much professional altogether unnecessary, but after the remarks been no abuse under this law. The Senator from of my own and others, as from a knowledge of made by the Senator from Massachusetts, [Mr. | Ohio has told you of the abuses under it. That the cases which have been brought before these SUMNER,) if I understood him arighe, I deem it excellent letter of General Sherman, published commissions; they are always sure to fine enough, necessary to say a few words in relation to this some time ago, told the country of the abuses and they are always sure to imprison long enough maller.

under it. But I will tell the Senator some of the to answer the purposes of justice. I understood that Senator either directly to de- abuses which have fallen under my own obser- Mr. HOWARD. I call for the yeas and nays clare, or it was an inference derived from the cur- vation. In Kentucky, all the negroes are enrolled on my amendment. rent of his remarks, that all who were in favor of as the white people are. The draft in that State The yeas and nays were ordered. the amendment as proposed by the Senator from is based upon the enrollment of both whites and Mr. HOWARD. Allow me to say one word Pennsylvania were rather disinclined or opposed blacks. Under the operation of this law, agents on the subject. The third section of this bill asto the employment of negro troops in the armies from the northern States have come and located sumes to subject to trial by court-martial or miliof the United States. My opinions upon that sub- themselves in Indiana and Illinois, right on the bor- | tary commissionject having been misunderstood in quarters which ders of Kentucky, and absolutely sent over agents Any recruiting agent, substitute broker, or other person, 1 deem much more interesting to me than even the and stolen and taken by force negroes from Ken- who shall enlisi or cause in be enlisted as a voluntrer or Senate, I wish simply to say that I am not opposed tucky and enlisted them. These are facts that I

substitute, any insane person or persons in a condition of to the employment of negro troops in the Army.

intoxication, or a deserier from the military or naval serknow. If you take away the negroes from Ken

vice, knowing him to be such, or who shali defraud or doSo far from it, as long back as ihe 224 of July, Lucky and Missouri in that way, do you not see prive any volunteer or substitute of any portion of the State, 1861, (and I remember the date because it was that Massachusetts, or the State that gets them, local, or United States bouwly, to wbich be inay be enthe day following the first battle of Bull Run,) I

titledgels credited for them, and we have to be drafted declared myself upon this foor in favor of the upon the old enrollment upon which these very ne- The clause, as it is reported from the Commit. employment of such troops in the Army, and groes were all enrolled? The greatest frauds were tee on Military Affairs, punishes any one of these cited the example of General Jackson at New Or. committed in that way. When they get these offenses, upon conviction, with fine not exceeding leans in support of it. But, sir, I can see a very negroes over the river, They make the negro say $1,000, or imprisonment not exceeding two years, great difference between the employment of such he is from Alabama or Georgia, or some State in or both, at the discretion of the court. My amendo iroops generally and this provision which it is rebellion, not excluded in the law, and that is the ment is for the purpose of fixing a minimum of now proposed to repeal, the design of which was way the thing is worked. There is no doubt | penalty by law below which the court shall not to bring them into the service solely or mainly || about these evils existing there; I know them my- be at liberty to go; and its minimum fine is $200 through the agency of the different States, and self; and yet the Senator from Massachuseils | for any one of these offenses, and its minimum thus create a controversy and contest between the says there are no evils resulting from it. On every | imprisonment is three nonths. In other words, States in procuring this class of persons for the hand you hear of the evils of it. Why, sir, the on conviction, it requires the court absolutely to public service. Entertaining that view, during border States that have been devastated by this sentence the offender either to pay a fine of at ihe discussion of the enrollment bill at the last war, and the new States in the West are not able least $200 or undergo imprisonment for at least session of Congress I opposed that section, which to send out and pay large sums to recruiting agenis three months, or both together, as the court may subsequently became a law through the agency all over the country to fill up their quota, they have see fit. It takes away from the court the discreof a commillee of conference who met upon that to give their men io the conflict; and why should tion of imposing a mere nominal penalıy, either subject. I was then, and am now, in favor of not the older and richer Slates do so? If you enlist fine or imprisonment, but requires it absolutely employing, not only colored troops, but all other these negroes, and they are being enlisted every- to impose a minimum penalty. As it stands now, troops that can be procured in the rebel States, to where by the general orders of our superior offi- on conviction, a court might allow an offender strengthen the arm of the Federal Government cers, let them go to the general account, where who had defrauded scores of honest soldiers of and weaken the arm of the rebellion.

they ought to go, and let each State of the Union their honest bounty, and who had cheated them But my opinion is that the best way to do that be compelled out of its own population to give in the matter of recruitment and enlistment, to is in the way pointed out by the commanders of the quota that is wanted from it.'

escape scot-free by payment of six cents fine or our armies. The best way is to recruit them into The question being taken by yeas and nays, imprisonment for an liour. Is that just? If we the Union service generally without assigning | resulted-yeas 28, nays 12; as follows:

impose a penalty for such offenses, we should be them to any particular Slate, or giving any par- YEAS-Messrs. Brown, Buckalew, Carlile, Chandler,

in earnest, and make it for the interest at least of ticular Staie the benefit of them. I shall not Collaner, Cowan, Davis, Doolittle, Grimes, Harlan, Har- the individual to do his duty and refrain from the weary the Senate by undertaking to recapitulate

ris, Henderson, Hendricks, Howard, Howe, Johnson, Lane the several reasons that have been assigned for of Indiana, Nesmith, Powell, Ramsey, Richardson, Sauls

violation of the law. It seems to me that the bury, Sherinan, Ten Eyck, Trunbuil, Van Winkle, Wil

amendment commends itself to the favor of althis course, showing that it is more beneficial, ley, and Wrighi-28.

most any man. more desirable, and freer from objections. They NAYS-Messrs. Anthony, Clark, Conness, Dixon, Far- Mr. HALE. I confess that I differ with the are apparent and manifest to every one. well, Foster, Hale, Morgan, Morrill, Nye, Sumuer, and

honorable Senator from Michigan. There may Wilson-12. With this explanation, I shall continue to vote ABSENT-Messrs. Foot, Harding, Hicks, Lane of Kan

be frequently cases where a court would find it as I voted during the last session, now to repeal, sas, McDongall, Pomeroy, Riddle, Sprague, Stewart, Wade, self compelled under the evidence to find a judg. then in opposition to, this section; and in doing so and Wilkinson-Il.

ment against the prisoner, but still the mitigating I shall not array myself against the employment So the amendment to the amendment was circumstances might be such that a mere nominal either of negro troops or white troops that may agreed to.

punishment would answer the purpose. I recolbe procured in the Slates in rebellion; and at the

The PRESIDING OFFCER, (Mr. Foster in

lect the other day reading an account of a very same time avoid, as I believe, unpleasant, if not disastrous, consequences resulting from unseemly

the chair.) The question now is on the amend- | distinguished trial in the city of New York be. ment of the committee as amended.

tween two great chieftains of the political world, competition between the agents of these different

Mr. HOWARD. I move further to amend the

Thurlow Weed and Mayor Opdyke; and I un. States going down and overbidding each other, creating a sort of new auction-block, upon which

amendment in section three, line ten, by inserting derstand that in that case there was a division; after the word “dollars" the words “nor less

the jury came to no verdict, and still there was a these colored men may be exposed to sale and than $200," and after the word “years," in the

considerable number of the jury who thought it knocked down to the highest bidder, and thus become the soldier of the State whose coffers are same line, by inserting the words ot and not less

would be well to find a verdict with damages at than three months;" so that the section will read:

six cents. It is true that was a civil action, but able to pay the highest sum for that class of troops.

That any recruiting agent, substitute broker, or other per

it is frequently the case in criminal actions that I want them to be enlisted in the armies of the

son, who shall enlist, or cause to be enlisted, as a volun- the couri finds it necessary for the enforcement of United States in the regular way. Let the Union teer or substitute, any insane person, &c., shall, upon con- the law to sentence a man, but only imposes a have the general benefit of their services, and let viction by any court-martial or military commission, be

nominal punishment. I have seen a case where each Stale have its pro rata benefit, as it will have

fined not exceeding $1,000, por less than $200, or imprisoned
not exceeding two years and not less than three months,

a very learned court found itself under the neces. just so far as the employment of these troops will or both, at the discretion of such court-martial or military sily, under the law, of punishing a man for arisault leasen the amount of men to be called upon by

and battery because he had been found guilty by draft, just so far as the poor men of the North who The object is to require some punishment to be a jury, bul the circumstances were such that the cannot raise money to relieve themselves from the inflicted upon conviction. Asthe bill now stands, couri thought there was no reai offense, and fined draft will be benefited by this general enlistment it would let off the offender with a nominal con- him a dollar, without costs. That was a court of these troops in the old way.

viction and nominal imprisonment. I choose to which gat in the State of the honorable Senator Mr. POWELL: Mr. President, the only equi- fix a minimum punishment, which will be some- || from Maine, and I thought at the time its action table way to furnish men in this war is for each thing more than a mere formality.

was very judicious. There may be a great many Slate, out of its own population, to furnish its Mr. JOHNSON. The amendment, as I un- cases of that sort, and it seems to me we should

commission.

are

allow them to be provided for. But, sir, I do not members, where four may convict, the judge ad- son or an insane person or a deserter, knowing want to take time on this subject.

vocate or prosecuting officer of the Government him to be drunk or a deserter or insane at the Mr. HOWARD. Undoubtedly, cases might constituting part of the court and being with them time of committing the act, then he is punishable; occur where it would be a liardship to inflict even during their deliberations.

and if he does not know him to be such at the the least of these penalties on an offender, but Then there is another question equally diffi- time he enlists him or causes him to be enlisted, the honorable Senator knows perfectly well that cult to seçile, when is a man intoxicated ? and that he is not punishable. It seems to me that there in cases of such hardship it is very easy to apply || is to be subjected to inquiry by a court-martial, || is no danger, under this language, of an innocent for executive clemency, and it never would be and if an individual offers a substitute thata ma- person being punished for doing any one of these withheld in a case which had merits. There are jority of four out of the seven members of a court- ihree criminal acts. The question will be, in hardships in every criminal law. If the objection !! martial find was intoxicated, and he knew it, he each case, did the arty kiow the person enwhich is raised against this amendment is a good is to go to the penitentiary for two years, for you listed to be a deserter, or know him to be drunk, one, why would it not apply in the case of mur- must remember that the punishments by imprison- or know him to be insane at the time he enlisted der? Still, in cases of murder, I am sure there ment following the sentences of courts-martial are him? I submit that that language, “knowing

very few States in the Union that do not fix executed by imprisonment in penitentiaries, and him to be such," cannot be misapprehended or a specific and minimum punishment for the crime; it is just the same as if the law said they should misconstrued by anybody. We all know what and we all know that it frequently happens, such be subjected to imprisonment not exceeding two is meant by it, especially those of us who belong is the fallibility of human nature, such is the in- years at hard labor in any penitentiary. These to the profession of the law. firmity of juries and courts, that a person may are the most delicate questions, and the most dif- Mr. 'HALE. The honorable Senator has not be convicted of that heinous crime who is abso- ficult to be decided that could possibly be pre- || practiced before courts-martial. lutely innocent of it. There have been numer- sented to any judicial tribunal.

Mr. HOWARD. The honorable Senator from ous cases of men who have been taken to the And in addition to these very difficult questions, | New Hampshire remarks that I have noi pracscaffold and executed, as innocent as you and I of what is insanity and what is intoxication, there Liced in the military courts.

That is very true; a charge of murder.

is another question which nobody short of Infinite but I think I know enough of military law to But in this case it seems to me we ought to Wisdom can pronounce certainly upon, and that know that the rules of evidence are precisely the hold up to the view of the offender the certainty is, that the individual knew that the substitute he same in a military court as in a civil court. 1 of punishment, the absolute certainty that if he offered was insane or was intoxicated. It seems hope, therefore, as no harm can come of this lanis convicted of any one of these offenses created to me that if you put this penalty upon the sub- guage, that the clause will be retained and not by the statute he will at least receive some punish- || stilute broker, upon the recruiting agent, upon stricken out. ment. Otherwise you but hold out to him, as it those who go into that business, you go quite far Mr. COWAN. It is precisely because of the seems to me, the temptation to use the ill.golten enough, without subjecting everybody that offers clause of the section relied on by the Senator from gains which he has in his pocket, and which he a substitute to such a penalty before such a tribu- Michigan that I think these words should be has been filching from the honest soldier, for the nal. I remember noi many years ago attending | stricken out. To find the scienter is one of the purpose of infuencing the very court itself which a trial where the question was whether a man was most difficult questions that ever come before a is to try him, for the very purpose of bribing the intoxicaled or noi. One set of wilnesses on one court, and one that a flaxseed court or an arbitratribunal before whom he may be brought. Ic side testified that he was an intemperate man and tion or a military commission would be just as Btrikes me that we ought to let him understand had been so for years, that they had known him, likely to go wrong on, and perhaps more likely that he is to undergo some punishment absolutely and that he had so reduced and impaired his in- than another. unless he can make out such a case to the Exec- tellect by intoxication that he was not capable to Mr. President, there is a broader ground on utive as will entitle him to executive clemency. do business. That was the testimony of ihe wit- || which this section is objectionable. The section

Mr. BUCKALEW. The question is, I be- nesses on one side. Then there came up another relates to a "recruiting agent, substitute broker, lieve, on imposing a minimum punishment in this set of witnesses on the other side who testified or other person." I suppose the “recruiting case wherever there may be a conviction. In the that they had known him equally as well as these agent” is nou technically an officer in our service. case of a great many bills that have been before other witnesses for a long period of time, some He is a person employed by the State, perhaps, to the Senate at this session, a minimum punishment | twenty years, and that they had never once seen recruit, but he is not an officer in the United States has been stricken out, upon the policy of allow- him intoxicated in all their lives. What was service; because I find that the fourth section proing punishments to be exactly proportioned to the difficulty? They had different ideas of what vides for the punishment of an officer who musthe character of the offense as may be shown on intoxication was. Some persons judge a man to ters into service these persons improperly, so that the trial. Believing that to be a good policy as a be intoxicated the momeni he takes a single glass | this recruiting agent is simply a private individgeneral rule in our legislation, I shall vote against of alcoholic drink, and others hold that he is not ual. Substitute brokers are private individuals, the amendment of the Senator from Michigan. intoxicated as·long as he can walk a track, or very and “any other person” is unquestionably so. The question being taken by yeas and nays, || nearly a lrack.

Now, I should like the honorable Senator from resulted-yeas 23, nays 14; as follows:

I do not want to trifle about these things; but I Michigan to reconcile che provisions of this sec. YEAS-Messrs. Brown, Chandler, Clark, Collamer, think that this extending of the authority of mili- | lion with the provisions of the Constitution I am Conness, Dixon, Farwell, Grimes, Harlan, Harris, Howard, Howe, Lanie of Indiana, Line of Kansas, Morgan, tary tribunals over citizens not necessarily con

about to read. If these persons are guilty of any. Morrill, Nye, Pomeroy, Ramsey, Sherman, Stewart, Sum- nected with the public service, has been carried thing they are guilty of a crime; if the section is ner, and Wilson-23.

quite as far as the public service requires. But to operate at all, it will be to operate to deprive NAYS-Messrs. Anthony, Bucko!ew, Carllle, Cowan, in this case a citizen desirous of doing his duty them of their liberty. The Constitution provides Davis, Foster, Hale, Henderson, Hendricks, Jolinsou,

thaiPowell, Snuisbury, Trumbull, and Wriglit-14.

brings a substitute in good faith and offers him ABSENT-Messrs. Doolittle, Foot, Harding, Hicks, Mc

“No person shall be held to answer for a capital or other. Dougall, Nesmith, Richardson, Riddle, Sprague, Ten Eyck, substitute was intoxicated. There is no meas- wise infamous crime, unless on a presentinent or inlet. Van Winkle, Wade, Wilkinson, and Willey-14. ure er standard by which that can be tried; it

ment of a grand jury, except in cases arising in the land So the amendment to the amendment was

or paval forces, or in the militia, when in actual service in exists only in the judgment of men. Some men time of war or public danger; nor shall any person be xub. agreed to.

would hold that he was perfectly sober, while other ject for the game offense to be iwice put in jeopardy of life Mr. HALE. In that same section, in the secmen equally intelligent and equally honest might

or limb; nor shall be compelled in any criminal case to be ond line, I move to strike out the words " or other think he was very much intoxicated. That ques.

a witness against himselt, nor be deprived of life, liberty, person. The section now subjects “any re

or property, without due process of law." tion is to be submitted to a court-martial, and if a

"In all criminal prosecutions, the accused shall enjoy cruiting agent, substitute broker, or other per- ! majority, four out of seven, find that the substi- the right to a speedy and public trial, by an impartial jury son,” who may present an intoxicated or insane tute was intoxicated, the man who put him in is

of the state and district wherein the crime shall liave been man as a substitute with the penalties of military

committed, which district shall have been previously nsto be subjected to two years'imprisonment in the trial by court-martial. I have suggested this | penitentiary or a fine of $1,000. It is an enor

certained by law, and to be informed of the nnture and

cause of the accusation; to be confronted with the wiramendment to the chairman of the Committee

mous penalty that may be inflicted upon a decis- nesses, against him; to bave compulsory process for obs. on Military Affairs, who does not see any objec- || ion of one of the nicest questions that could pos

taining witnesses in liis favor, and to have the assistance tion to it. It leaves the military law operating sibly be presented to the consideration of any

of counsel for his defense." on recruiting agents and substituie brokers, and tribunal, and cne that, as I said before, has en- Now, Mr. President, this section of the bill is subjects them to a trial by court-martial, and to gaged the attention and taxed the faculties of the to operate or may operate on any one of us. If the penalty presented. Now, as I hear from my wisest and best men that have ever tried cases. I we are liable be drafted, and offer a substifriend from Michigan, in an undertone, that he is

think such questions legitimately belong to the tute, as almost all men, all citizens, some time or opposed to the amendment, I want to state my civil tribunals, and that it is not safe and prudent | other during this war, who are liable to be drafted, reasons for moving it.

to transfer them in the case of citizens, men who may be obliged to do, and questions should arise One of the most difficult questions that have come honestly to perform their duty, to the judge he was intoxicated, or whether he was a deserter

as to whether that substitute was insane, whether ever presented themselves to the judiciary of this ment of a court-martial. country in all the States to settle is, what is in

Mr. HOWARD. I hope, sir, the words will from the military or naval service, and we knew sanily? There are so many kinds of insanity,

not be stricken out, but will be permitted to stand. | it at the time we offered him, that constitutes crime. moral insanity and insanity of various sorts, that

I see no danger such as that which seems to be If it was absolutely certain that we were guilty, ! it has been found to be one of the most embar- apprehended by the honorable Senator from New would not object to the punishment, and I would rassing questions that have been presented to the Hampshire. Let us read the clause again, and not care much who indicted it. It is the difficulty judiciary in this country in all the States. This then we shall understand it:

of ascertaining the guilt which renders the prequestion, that taxes the learning of the wisest men

That any recruiting agent, substitute broker, or other

cautions necessary, and which has always renin the States, is to be subjected by this section of the bill to the action and decision of a court-marperson, who shall enlist, or cause to be enlisted ns a volun

dered all these precautions necessary. ieor or substitute, any insane person, or person in a condi- If the honorable Senator from Michigan were tial, and the whole people of the United States tion of intoxication, or a deserter from the inilitary or na- ll charged with an offense of this kind, let us see who offer substitutes are to be subjected to trial val service, knowing him to be such.

what safeguards the law has thrown around him upon the question of the insanity of those substi- The whole question depends upon the knowl- for the purpose of securing to him a fair trial. futes before a court-martial composed of seven edge of the offender. If he enliste a drunken per- the firsi place he could not be put upon his trial

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until a grand jury of his own immediate neigh- || Yet what has been done almost within the very think you can overturn this great fabric that has bors decided that there was sufficient cause to shadow of the court-house, and almost within a been built up here at such an expense of blood put him on his trial. There is no power in this stone's throw of the judge having jurisdiction ? and treasure for hundreds of years—that you can Government anywhere, there ought not to be any And that judge is the creature of the Administra- | overturn it all, and all its safeguards, and substipower, to put him upon his trial unless through | tion; the marshal is its creature, and that mar- tute in the room and stead of it a packed military ihe intervention of a grand jury. After the grand shal has a right to select jurors.

tribunal, in the choice of which you can have no jury consents that he shall be iried, and after they Gentlemen may say that some of the jurors voice? Mr. President, it is just like laying the find the form and manner in which the offense may not be loyal. The marshal has a right to ax to the very root of the tree; it is like digging

shall be stated, (and it must be stated so perfectly go among his own friends and select those who away the very corner-stone on which the temple : as to protect him from any subsequent prosecu- are truly and sincerely loyal. I say that within stands. Is ií not enough that it is suspended

tion, if he should be either convicted or acquitted, a stone's throw of all this machinery men have within the military lines? Is it not enough that a thing which a prosecution before a couri-martial been taken up charged with these offenses, which these great privileges are for the time suspended would not do,) then he has the right to be tried are merely offenses at common law, and they within the actual lines of the Army? The peoby a petit jury; and a petit jury selected how? have been carried away hundreds of miles from ple of the loyal States, the people who have been Sélected by the War Department? Selected by | home, and they have been tried before military bepraised in thiş Hall for their loyalty and their his commanding officer? Not at all; that jury is commissions. What has been the consequence? virtue and their liberality in the great sacrifices to be selected according to the forms of the com- In one case, very well known to my colleague, that they have made, have made them for what? mon law; and when it is selected he has a right partially known to myself, upon the testimony To be tried by military tribunals, to be ridden during the impanneling of it to challenge for of a suborned witness, upon ihe testimony of a down by despotic governments and irresponsible "fear, favor, and affection;" he has a right to man who was himself a deserter, and wlio had dictators? If the people are fighting for nothing have put upon that jury nobody but true, good, himself got up all the resistance there was to the better than that, there is an end of it. But, sir, and impartial men; and then he has the right to draft, the conviction was procured of a man who the people are not making this tremendous strug: be confronted with the witnesses; and all that in had actually gone to the meeting called to resist gle for that. They are making, as Burke would the district where he lives.

the draft to get that meeting to desist, to disperse say, this great struggle that twelve men may be Now, Mr. President, suppose a man in one of || quietly, and go to their homes, because there was got in the jury box whenever a man's life, liberty, the western counties of Pennsylvania is charged no difficulty or danger. Upon the oath of that or properiy is in jeopardy; and yet here is a prowith this offense, and he is carried away to Har- man, a deserter, a military commission two or vision to take away the jury box from the peorisburg to be tried before a military commission, three hundred miles away from the home of ple, because any other person” is a phrase I ask what chance has he to a fair trial, even the parties, away from where the proper testi- broad enough to cover all persons, and this penwaiving the protection which the Constitution mony could be gotten, innocent men were con- alty would necessarily, if the tribunal had any provides for hiin, and which he is entitled to in- | victed; and it was only at last when the people character, render the convict infamous for life. voke, certainly in the United States Senate if he is of the neighborhood became aroused to the neces- I do not know but that now it might increase the entitled to it anywhere; what chance has he? He | sity of leaving their district and leaving the place sympathies of the people for bim, and perhaps has no voice in the selection of this tribunal; it is where they had been in the habit of having jus- render him famous; but if the tribunal had any appointed by people who may desire his convic- tice administered to them, and going, some of character to give force and effect to its decrees tion, who may have determined upon it before- them at their own expense, all the way to the and findings, it would render him infamous. hand, and may have determined upon it for many State capital, that they were able to satisfy the I am opposed to this provision. We have

Are they men learned in the law? | military commission that this man was uiterly courts for the trial of our people constituted acCertainly there is no lawyer in the Senate who unworthy of credit and that his slatements were cording to the Constitution and laws, known 10 would trust the trial of a criminal cause before | wholly false. What then? Some forty or more the people, willingly obeyed by the people, to any judge, unless he was a man learned in the men had been arrested; they had been carried to which the people are accustomed; but I would law. Is there not such a thing as being imbued Fort Mifflin; they had been shut up in a case- never, never institute a tribunal outside of them with the spirit of the law, feeling not only in mate; one of them had died; another had lost his for the trial of any offense of which they could the brain, but in the heart of the man, all those health, I believe irrevocably; another had become have cognizance and take jurisdiction. great principles which have been infused for long insane; and one or two on trial had been con- Mr. HOWARD. Mr. President, the honoraages into English law, and which themselves are victed. Then the rest were doled out and dis. ble Senator from Pennsylvania takes the ground the guarantees of English liberty? Surely no missed; two, three, four, half a dozen at a time, that the clause of the bill which is now under disman imbued with the spirit of that law would so as to get clear of them without any public dem- cussion is violative of the Constitution of the Uniever for one moment intrust the trial of a citizen onstration.

ted States, and he tells us, in that tone of earnestcharged with crime to any other than a judge Mr. President, I think we have lrad entirely too ness which is peculiar to him, that courts-martial learned in the law; and surely, I say, Mr. Presi- much of that already. Where is the necessity and military commissions are tribunals unknown dent, and I speak it in the spirit of that law, no for withdrawing the trial of offenses from the to the Constitution. Upun this assumption is based man so imbued would ever trust the finding of a courts of the United States, I would ask? I ad- the denunciatory part of his speech in which he fact in such cases to any other than a jury of the mit that there is a strong argument against sub- has indulged in so much vituperation against the vicinage. If it were certain that all people who || mitting these cases to the State courts often, be- mode in which military justice has been adminare arrested on charges of this kind were guilty, cause it may be that juries would be unwilling to istered during this war. there would be no necessity for these safeguards; || convict; but that reason fails entirely when you Is it true that this clause violates the Constitubut that is just what the law never presumes. allege it against the United States courts, because, tion? Js it true that all the convictions we have 'The law always presumes innocence until guilt in those courts, if there is a loyal jury within the had before courts-martial and military commisis shown, and the presumption of guilt must be whole district, the marshal may summon it, and sions have been coram non judice, void for want such as to exclude every other hypothesis than may have it there for the trial of offenses.

of legal authority? Is it true that the Executive that of guilt. How would you make a military But again, the instinct of self-preservation ought || Administration, in carrying out their policy in commission understand that? You cannot. No- to impel us to reject any such provision as this, the prosecution of this war, and in the punishbody can.

Are we to give up all our liberties here? What for? ment of offenses committed in the military serVery well; now this man is dragged away from I might be willing to suspend for a while the op- || vice, have been and still are mere usurpers and the district in which the offense is commitied, he eration of the laws which secure mine, if it were tyrants, as they have been characterized by the is taken away two hundred miles from home, and necessary. If any man can satisfy me that it Senator from Pennsylvania? Upon what prinhe is put on his trial before this extra-judicial tri- would in any way help to put down rebellion, ciple of construction is it, let me ask the Senator bunal, this tribunal which can have no legal ex- help to strengthen our arms, help to make the from Pennsylvania, that he makes the broad asistence under our Constitution, as it can have none country stronger, I might agree to it; but, Mr. | sertion that courts-martial and military commisin any civilized country that I know of to-day, || President, it has the very contrary effect; good sions are unknown to the Constitution, and that either on this continent or in Europe. He is put | people know it; good people lament it, and I am all their proceedings are so many wanton tyranupon his trial; how is he to get process to com- sorry to say people are beginning to be aston- nies and violations of the fundamental law? He pel the attendance of witnesses? He is dependent || ished that we sit here, and not only permit this, || tells us that the prohibition is to be found in ar. on the mercy of the tribunal for that, because but provide for it.

ticle five and article six of the amendments, and there is no law which compels them to grant it, Take a substitute broker, and that is the very | he reads from each of these to bolster up his asunless this bill may provide for it here. But how worst type of the class- I think there is not a man sertion. We need but read a very small portion is he to get his witnesses? How is he to know in the world who has less sympathy with a sub- || of the fifth article to see plainly that what the what witnesses are to be there against him? If | stilute broker than I have; take a substitute broker, || honorable Senator has said upon this subject is he does kuow, he may be too poor to summon if you please, the vilest of mankind, still he is a the merest assumption, the merest begging of the and to bring his witnesses a distance of one hun- citizen, and he is entitled to a fair trial; he has || buestion. Article five declares: dred and filly or two hundred miles and detain a right, to use a very popular phrase now, to stand

“No person shall be held to answer for a capital or oththem there waiting till his trial comes on, or until upon an equality before the law. The law pre- erwise infamous crime unless on a presentment or indietit pleases this military commission to award him sumes him innocent until his guilt is established.

ment of a grand jury, except in cases arising in the land or his trial.

Take, I say a substitute broker who commits one naval forces, or in the mililia, when in actual service in tiine Mr. President, I am sorry to say that this is of the offenses enumerated in this section; what of war or public danger.” no fancy sketch. This is a thing which is occur- objection can there be to trying him in the United The Senator forgets the exception which is ring to-day all over this country, to the wonder States district court? If you have no confidence plainly embodied in this clause of the amendand astonishment of the civilized world, and with- in a jury of the vicinity, where is your Govern- ments. He overlooks the exception, I think very out the slightest neceneity whatever. We en- meni gone? Where does it exist? In whom will ingeniously, and instead of reading the clause with acted here a few years ago a law by which we you confide?. If you cannot govern this people that exception in, he reads it without; and, of made resisting the draft an offense, and we gave ihrough itself and by an appeal to its own reason course, according to his style of reading the into the regularly constituted courts of the country and its own good sense, what despotism are you strument, he makes this clause declare that "no jurisdiction over all offenders against that aci. Il going to build up that can govern it? Do you l person shall be held to answer for a capital or

ment.

otherwise infamous crime unless on a present- their way to make attacks upon the Administra- it allegiance and to whom the Government owes ment or indicement of a grand jury," and stops tion in relation to the administration of military protection, can be denounced as an allack upon there.

justice, unless the case is a Nagrant one. I have ile Administration !" If the Administration have Now, sir, in the first place, let me say, the of- yet to learn of a single case of great injustice the heart and the feeling and the sentiment which fenses created by the present bill are not, in the having been committed by the military tribunals I think they have, they would feel that an attempt sense of the Constitution, infamous crimes. Were that have sat during the existence of this war. to shield them by such an appeal as that would the fifth amendment the only provision on the There must be justice in the military service, be the grossest attack that could be made upon subject, we might try any crime which is not There must be some way of bringing offenders || them. infamous by a military commission and without lo justice, to hold them to their criminal respon- Mr. President, when this war is over, if we a grand jury; we might proceed to punish all such sibility. The Constitution gives ample authority shall have saved our country and lost our libercrimes on mere information without indictment, to Congress to enact laws upon the subject, and I ties, it will be a matter of speculation by the phiand try the information without the intervention I think Senators would belier consult ihe inter- losopher and the historians to settle with posterity of a pelit jury, if we saw fit-I mean to say if this ests of the country, if, instead of carping at the how much was gained and lost by the result. Is amendment of the Constitution were the only military administration of the Government, they there any necessity for this enactment? Take, clause concerned. But, sir, it is perfectly appa- || would devise some means by which military jus- || for instance, one of the humblest citizens of the rent from the language itself of this amendment tice can be meled out better than it is at present, || humble State that I represent, one of the hardthat the Constitution has in view the trial of a if its present administration be as faulty as it is working, hard-fisted, tax-paying yeomanry of certain class of offenses by tribunals other than represented.

New Hampshire. By virtue of your draft he is those in which a jury intervenes. It is certain, For my own part, I think the present bill is a compelled to do military service or to furnish a from the language itself, that it was expected that very necessary one, and especially this penal por- | substitute. He comes in the honest discharge of military offenses would be tried by courts-mar- Lion of it, which punishes not only recruiting a duty not voluntarily assumed, but imposed upon tial and military commissions.

agents and substitute brokers, but all other per- him by the Government, and brings a substitute. If this be the true construction to be given to sons who shall commit any one of the crimes He is no substitute broker; he is no recruiting the Constitution, all that the honorable Senator which are defined in section ihree. We all know agent; he is no man who has voluntarily confrom Pennsylvania has said in denunciation of the that these impositions have been practiced daily nected himself with the military service; but he Administration for employing such tribunals is throughout the country, not only by substitute comes forward in obedience to duty which he without foundation. We may try offenses com- brokers and agents for recruiting, but by other cannot resist, and brings a substitute, and that mitted in the military forces of the United States, persons who have lent their aid toward their ac- substitute is accepted. By and by, in the course or committed in the militia when in the actual complishment. There is many a man and many of time, it may be three months, six months, or service, by courts-martial or by military commis- a boy who has been entrapped into enlisting when a year hence, some malicious, some evil-disposed sions. We have used and employed this species he was in a state of downright intoxication; many person may suggest" that young man whom that of tribunals ever since the foundation of the Gov- a case in which a deserter has been knowingly drafted soldier brought was intoxicated at the ernment, and they are just as well known and rec- reënlisted, and in which all the crimes mentioned time he was enlisted." What then? Shall you ognized in the code of American law as are courts in this section have been perpetrated.

send an inquiry into the vicinage, into the State, in which juries intervene. They are just as neces-, I think Congress is but doing its duty in defin- into the district : Oh no, sir; but a mere arbitrary sary to the public service. Why, then, are we ing these crimes and affixing specific and severe order is issued, and he is seized in New Hamptold with so much emphasis that military courts penalties upon them; and I hope the words will shire and hurried to Philadelphia it may be, to and military commissions are usurpations upon not be stricken out.

New York, lo any other place-God only knows the liberties of the people?

Mr. HALE, I confess, sir, that I have been where-away from home, away from his neighThe honorable Senator from Pennsylvania ar- not a little surprised at the speech of the honor- bors, away from any of the protections to which pears to regard the findings of a jury in the trial able Senator from Michigan. If I made myself he is entitled. He is arbitrarily hurried and put of criminals as infallible. According to bis ideas understood in what I asked before of the Senate, to trial before a court-martial, and if four oui of it is impossible that a jury of twelve men from I think it will need no illustration and no argu- the seven think upon the whole that the man was the vicinage in the finding of a fact can possibly What is proposed by this law? I am || intoxicated, thereupon the citizen of New Hamperr. Now, the experiences of that learned Sena- || content, for the purpose of the argument to-day, shire is sentenced to two years imprisonment in tor, like my own, I dare say, teach him that the that every contractor, every substitute broker, the penitentiary at hard labor. findings of juries in criminal cases are among the every agent for recruiting, and every man that in The honorable Senator says that is not an most uncertain means of ascertaining facts; and any capacity voluntarily connects himself with infamous offense. You make it infamous by although undoubtedly the preservation of trial by the naval or military service, should by Congress the punishment that you annex to it. Now let jury is still regarded as a precious privilege to the be made amenable to this law; but I am not will- us look at the provision of the Constitution. I American citizen, it is nevertheless true that the ing to see adopted a provision like this, that do not know that it is in order to quote the Conlegal mind of the country is coming more and covers the whole land, that subjects to its opera- slitution at this period of our history. [Laughmore to the conclusion that, after all, facts may lion every man within certain ages who is liable Ter.) I know that we got to such a stage in New be well ascertained by persons other than jurors. to military duty, and who is compelled to render Hampshire once that if you quoted the constitu

I hold it to be competent for Congress to punish || it; I am not willing that by virtue of this compul- tion of the State the judge would laugh in your as a military offense any act which is connected sion which the Government has forced upon him, face. There is a provision on this subject in the with the military service of the United States, you shall at the same time tear him away from original Constitution, independent of the amendand to do this by court-martial; that contractors the protection of the ordinary tribunals of the ments: who enter into contracts with the Government for land, and subject him to the tender mercies of a “The trial of all crimes, except in cases of impeachment, furnishing supplies may be thus punished; that || military trial before a court-martial hundreds and shall be by jury”any and every act performed by any and every hundreds of miles away from the place where he "All crimes,"not infamous crimes, but the trial person, by which the military service of the Uni- lives.

of all crimes, shall be by juryied States shall be directly or even remotely af- Mr. President, I protest, and I will protest here "and such trial shall be held in the State where the said fected, presents a case arising under this amend- | always while I have the power to do so, against crimes shall have been committed; but when not comment, and may be thus punished. Such has been the right of the Senator from Michigan or any

milled within any State, the trinl shall be at such place or the practice of the Government for years past, other man on God's earth to accuse me of carp

places as the Congress inay by law have directed." Such is ils practice now, and has been during | ing at the Administration or opposing them, be

That has not been repealed by the amendments the war; and I believe it to be founded on the cause I stand here to-day to invoke for the hum

subsequently adopted. Then the fifth and sixth soundest principles of constitutional law. We all blest of my constituents the protection of that

articles of the amendments make further provision know very well that it will be utterly impossible | Constitution which was won by the bravery of

on the subject. The fifth article provides thalto inflict adequate punishment upon the commistheir fathers ages ago.

“No person sijall be held to answer for a catpital, or otherBion of military offenses if it is necessary to resort Mr. HOWARD. I beg

wise infamous crime, unless on a presentinent or indict

ment of a grand jury, except in cases arising in thc land or to the cumbrous machinery of juries and other The PRESIDING OFFICER, (Mr. Foster naval forces, or in the militia, when in actual service in tinie instrumentalities used in civil tribunals. It would | in the chair.) Does the Senator from New Hamp- of war or public danger." be utterly impossible to bring to justice the hun. | shire yield the floor to the Senator from Michi- Now let me ask if a man in the discharge of a dredth part of the offenders connected with the gan?

duty imposed upon him by law (that is, to go and Army if it were necessary to indict and try and Mr. HALE. I would rather not.

render military service or to offer a substitute) punish them in the counties in which the offense Mr. HOWARD. Mr. President

is, within the purview of that provision of the was committed. There must be something more The PRESIDING OFFICER. The Senator Constitution, in the land or naval forces or in summary.'

from New Hampshire is entitled to the foor, un- actual service in the militia in time of war or pubThe Senator from Pennsylvania reads also from less he yields.

lic danger? I venture to say, with all that has the sixth article of the amendments," in all crim- Mr. HOWARD. I wish merely to say that been said staring me in the face, that the condition inal prosecutions the accused shall enjoy the right in my remark I had no allusion to the Senator of things contemplated by this clause has never to a speedy and public trial by an impartial jury from New Hampshire.

occurred in the United States of America. There of the State and district,"' &c. Certainly, if there The PRESIDING OFFICER. The Chair has never been an extension of the liability to be a class of offenses, as there undoubtedly is, understands that the Senator from New Hamp- military courts-martial beyond that of making which may be punished by proceedings other than shire does not yield the floor.

contractors liable; but citizens outside of that trial by jury, thien that class of offenses is excepted Mr. HALE. I cannot tell to whom it alluded. provision are not liable. from the generality of the language of the sixth I heard the remark and I heard it with pain, and But the Senator says that everybody who has amendment of the Constitution, so that this par- I said to myself, “Great God, is it possible in anything to do, directly or indirectly, with the ticular clause has no bearing whatever upon the this period of the history of the world, in this land or naval service, or with raising men for the argument.

Senate, in this nation, at this day, that an attempt service, may by Congress be subjected to this Now, sir, I do not think it necessary, I will not to throw the shield and the ægis of the Constitu- provision. That is broad enough; that covers the say becoming, that Senators should go out of cion around the humblest of the citizens who owe ll whole land, because everybody is obliged to pay

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